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2012-132s:llegallour documentslordinances1121boy scout foundation acquisition ordinance.doc ORDINANCE NO. 2� 12-132 AN ORDINANCE F1NDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO A 0.11 ACRE TRACT; (II) A SLOPE EASEMENT ENCUMBERING 0.14 ACRES; (III) A DRAINAGE EASEMENT ENCUMBERING A 0.03 ACRE TRACT; AND (IV) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT ENCUMBERING A 0.01 ACRE TRACT; ALL TRACTS LOCATED 1N 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, GENERALLY LOCATED ON ROSELAWN DRIVE, 800 FEET EAST 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 THE LONGHORN COUNCIL BOY SCOUT FOUNDATION, INC., A TEXAS CORPORATION (THE "OWNER") TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE PRICE OF FIVE THOUSAND NINE HUNDRED AND FIFTY FIVE DOLLARS AND NO CENTS ($5,955.00), 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 EFFECTNE 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 $5,955.00 and other consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Agreement; and (b) to make expenditures in accordance with the terms of the Agreement. SECTION 4. The City Manager, or his designee, is directed, by certified mail, return receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the City relating specifically to the Owner's property and prepared in the 10 years preceding the date of the offer made by the Agreement. SECTION 5. The offer to Owner shall be made in accordance with all applicable law. SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance; or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect, SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �J�� day of , 2012. MARK : BU GH , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: �� R� PAGE 1 OF 3 m z°� ° a "� w a �'' �� 4� 4Wlli0 Y�104' Q� �� 7 �+J }O J � , / 3 o� . � c� z F- N6 3` W � � 0 �. � � � — — ., a . . � � POINT OF COM�ENCING FNO i/z° z.a SAVE 6 ExCEPT TRACT i JACK ARLYN PARKES VOL. 4073, PG. 1207 D.R.O.C.T, NOTE: SET 1/2" I,R, W/ GAI CAP TD BE SET AT ENO OF CONSTRUCTION. EXHIBIT "A" - to Ordinance (Property Interests) THE CHAMBERLAIN TRUST VDL. 4522, PG, 1336 o.R.o.c.r. r � �i0sELA � DRIVE . _ ' ' . - . . ,. . , , , . . . _ .. . . . . H (VARIABJ;E,,IDTH,R.O.,W.) ._ � •' w ' ' ` S � '29' 4H"E 666. 80' L . � �A' ,�, �� sd:.'� - Mr ::, r;.:.� � .�: . '�:, . .. � wW ',, �' . ; �i t� •. , � � ��: � . �.� �i � i 1 AI 1 i I �� I � a'i I, ,- �'; ,� i , '�JAC�K ARLYN PARK�S � VOL.I 4073, PG. 1207 �i �D.R.D.C.T. � I � BASIS OF B�ARING I5 NORTH AMERTCAN �A7UM DF 1983 (NAD-B3) STA7E PLANE COORDINAT�• SYSTEM, TEXAS NOR7H CENTRAL. PARCEL 3fi-ROW- i BEING A 4,618 SQ.FT./0.11 ACRE RIGHT-OF-WAY DEDICATION SITUATED IN' THE JAMES EDMONSON SURVEY, n ABSTRACT N0. 400, DENTON COUNTY, TEXAS ^ Graham Associates,lnc. ((,:; CONSULTING ENGINEERS �C PLANNERS „�� 60D SIX FLAGS DRIVE, SUITE 600 �• ARUNOTON, IEXAS 76011 817 6A0-8535 'IBPE FlRM: F-1191/TBPLS R : 101538-00 OpAPHTC SCALE i'-100' 0 50 100 150 DATE: JULY 2011 J/Oenton/P36-pow-1 r EXHIBIT "A" - to Ordinance (Property Interests) PAGE 2 OF 3 NOTE: SET 1/2" I.R. W/ GAI CAP TO 8E 5ET AT ENti OF CONSTRUCTION. AW pTDRIVE 1 S W/ GAI CAP � �--; -- S00 '00' 00"W 5 W/ GAI CAP � 9. 42 � UNDATION, INC. i BA5I5 OF BEARING T5 NORTH AMEAICAN DATUM OF 1983 (NA�-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTFAL. PARCEL 36—ROW-1 BEING A 4,618 SQ.FT./0.11 ACRE RTGHT--OF—WAY DEDICATION SITUATED IN THE JAMES EDMONSON SURVEY, AB5TRACT N0. 400, DENTON COUNTY, TEXAS � � Graham Associates,lnc. � CONSULTING ENGINEERS dc PLANNERS EOO 51X FLA06 ORIVE. SUIiE 600 MUNOTON� TE%AS 76011 (B1'» LAO-8836 1BPE FlRM! F-1191/iHPLS FlRM: 101636-00 GRAPHIC SCAtE i'-l00' 0 50 !00 150 DATE: JULY 2011 J/�enton/P36—ROw—i Page 3 of 3 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 36-ROW-1 LEGAL DESCRIPTION RI�HT-OF WAY DEDICATION Being a 0.11 aere tract of land situated in the James Edmonson Survey, Abstract Na.400, Denton County, Texas and being a portion of a tract of land conveyed to Longhorn Council Boy Scout Foundation, Inc., as recorded in Volume 450, Page 526, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point 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 existing west right-of-way line of Bonnie Brae Street (having a variable width R,O.W.}, and the existing south right-of-�uvay line of Roselawn Drive (having a variable width R.O.W.); THENCE Sauth 89°29'48" East, leaving existing said west right-of-way line az�d along existing said south night-of way line, a distance of 666.80 feet to a point for corner, for the POIN'�' OF BEGINNING, said point being the northwest corner of said Longhorn Council Boy Scout Foundation, Inc. tract; THENCE South 89°33'33" East, continuing along said existing south right-of-way line, a distance of 418.87 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 Roselawn Drive (having a variable width R.O.W.); THENCE South 00°04'04" West, leaving said existing south right-of-way line and along said proposed south right-of-way line, a distance of 9.42 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE North 90°00'00" West, continuing along said proposed south right-of way line, a distance of 418.66 feet to a set 1/2 inch iron rad with GAI cap for corner, said point being in the west line of said Longhorn Council Boy Scout Foundation, Inc. tract; THENCE North 00°54'17" West, leaving said proposed south right-of-way line and along said west line, a distance of .12.64 feet to a the PO1NT OF BEGTNNING and CONTAINING 4,618 square feet, 0.11 acres of land, more or less. PAGE 1 OF 3 p�� 2Y� c� 4yJac�� F 4U �WND Y m�oa UW q' �HJ � .. - �rrT ��y __.�1�1�.. i 4 � ` �, � ; i i 3� o� � 2� �� i �� u I�� ° I 1` ,, ..._...��,.. . EXHIBIT "A" - to Ord.inance (Property Interests) THE CHAMBERLAIN TRUST VOL. 4522, Pf3. 1336 O.R.D.C.T. U r � .--ROSELA'IP1�11lRIVL�'-------:----��r,--------___-----'r� �7 _.IVARIA�f:.�j}"II�TH R_O..W..)--- ,�.(I� ...............•--��1/,___ I ,,. -----"" ,� 589 �29'9�"E 866.80' ' � �. \ � 1 F i � POINT OF COMMENCING F'ND 1/2" 2. R SAVE 6 EXCEPT TRACT i JACK ARLYN PARKES VOL. 4073, PG. 1207 O.R.O.C.T. ..;`�.;r ,',`+ =1 . ;,; ,. n: ;: '.l, �;.. r \\ �\ i �I � �\ � I � � I \� ��` � I \\ �� I \ I � ql ti I � �� I � �i I � I .� I �� i/ I � � �JAdK AFILYN PARKES / VO�.� 4079, PG. 1207 /I �D.R.D.C.T. � I I ;' I I BASIS OF BEARING I5 NORTH AMERICAN DATUM OF 19B3 (NA�-83) STATE PLANE CDORDINATE SYSTEM, TEXAS NDR7H CENTRAL. PARCEL 36-5E-1 BEING A 820 SQ.FT./0.02 ACRE SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, � ABSTRACT N0. 400, DENTON C4UNTY, TEXAS � Graham Associates,lnc. ■ CONSULTING ENGINEERS � PLANNERS eoo s�x Fl.�,os owvE, sui� soo �uNCaror�, tex�s �eo» an e+o--e6an i T9PE FlftM: F-1191/iHPLS R s 101538-00 GRAPHIC SCALE !'�100' 0 50 100 150 DATE: DECEMBER 2011 „i.,�,�... � .... ..� _ � EXHISIT "A" - to Ordinance (Property Interests) PAGE 2 OF 3 IR� - ___. �9.Q,w.1 .. ._.,,.._ fION, INC. BASIS OF BEARING IS NORTH AMERICAN ❑ATUM OF 1963 (NA�-83) 57A7E PLANE COOR�INA7E SYSTEM, TEXAS NORTH CENTRAL. PARCEL 36-5E-1 BEING A � 820 SQ.FT./0.02 ACRE SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, AHSTRACT N0. 440, DENTON COUNTY, TEXAS I7 ^ Grahdm Associates,lnc. ((,� CONSULTING ENGINEERS � PLANNERS ��J eoa �x Fuos owvE. sunE 600 u�uHa�ror�, �c�s �emt (e») e�o—a�sa� 7BPE FlRM: F-1181/T8PI.3 FlRM: 101536-�00 GRAPHIC SCALE i'-l00' 0 50 100 150 DATE: DECEMBER 2011 _ ' �r� Page 3 of 3 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 36-5E-1 LEGAL DESCRTPTION SLOPE EASEMENT Being a 0.02 acre tract of land situated in the J'ames Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of a tract of land conveyed to Longhorn Council Boy Scaut Foundation, Inc., as recorded in Voluzne 450, Page 526, Deed Records; Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a txact of Iand conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae S�reet (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a vaziable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 666.80 feet to a point for corner, said point being the northwest corner of said Longhorn Council Boy Scout �oundation, Inc. tract; THENCE South 00°54'17" East, along said west line of Longhorn Coiincil Boy Scout Foundation, Inc. tract, a distance of 12.64 feet to a paint, for the POINT OF BEGINNING, said point being in the proposed south �ight-of-way line of said Roselawn Drive; THENCE North 90°00'00" East, a.long said proposed south right-of-way line, a distance of 31.16 feet to a point for corner; THENCE South 00°00'00" West, leaving said proposed south right-of-way line, a distance o� 15.67 %et to a point for corner; . THENCE North 90°00'00" West, a distance of 7.50 feet to a point :for corner; THENCE South 00°00'00" West, a distance of 14.33 feet to a point for corner•, THENCE North 90°00'00" West, a distance of 23.18 feet to a point for corner, said point being in the west line of said Longhorn Council Boy Scout Foundation, Inc. tract; THENCE North 00°54'17" West, along said west line, a distance of 30.00 feet to a the POINT OF' BEGINNING and CONTAINING 820 square feet, 0.02 acres of land, more or less. PAGE S OF'.3 �X � a� yW4�~ 2y4V a'¢� N'Q �ma¢ Q '�o ��o n '-' � rf).Pr- --�l�J�..- � � � i' i� �' � ti r � i i � �� r i �� '� 3� O� � 2� �� EXHIBIT "A" - to Ordinance (Property Interests) TVOLCH4522RLPGN 4336T D.R,O.C,T. �� . r i �� i.7 0 q 1'r�y� e `� I � r� _.._ --,-`l,,jr'"__'_'""'__..��r/ C"� ,' �'�-- --�r�r�------ROSF�LAl11�1DRIV�"-------- w � VARIA IOTH R..D _W.)--- �./I./.. T _ _ ---JJfJJ_ ___I � _ fJ�----------'�----'.�i�J�----�� S89'2�48r%E 666.80' ��T- `� _ � i �-� C/] POINT OF COM�[ENCING FNO 1/2" I.R SAVE & EXCEPT TRACT 1 JACK ARLYN PARKES VOL. 4073, pG. 120i D,R.D.C.T. ;t;. :r ;;:�� ,,�s�',�,s - .;; ,�',' _: :,, �M; ,;: ,,r;�.'' .� ^_ .fi ..,�::. \\ \\ � �I W � � � I Cwl� \ I \� \��I � ' I \1 `y�l � � A� � �I l �� I a� � �`' I I � /� �!/� � / � �JAdK ARLYN PARKES / VOL.� 4073, PG. 1207 �� O.R.�.c.r, /I i � I I BASTS OF �EARING IS NORTH AMERTCAN DATUM OF 1983 (NAD-83) S7ATE PLANE COORDINATE SYSTEM, TEXAS NDRTH CENTRAL. PARCEL 36-5E--2 BEING A 5,143 SQ.FT./0.12 ACRE SLOPE EASEMENT 5ITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUIVTY, TEXAS Graham Associates,lnc. . CONSULTING ENGINEERS de PUNNER5 Bpp SIX FLAGB DRIVE, SUIi� 600 ARUNOTON� �us �aot� �s�� e4o—e6as iBPE FlRN: F-1191/iHPL3 R: 101638-00 SURVEY, � ORAPHIC SCALE 1'-100' 0 50 100 150 OATE: �ECEMBER 2011 J/Oenton/P36—SE-2 PAG� 2 OF 3 i�l � EXHIBIT "A" - to Ordinance (Property Interests) THE CHAMBERLAIN TRU5T VOL. A522, PG. 1336 D.R.�,C.T. � �– — — S69'33'33" _ rl � �.,_ jT L__ r j 5s�45'----- ,- ---� �t(�8�%.�11�N DRIVEr�jT��---------------� ---� r r�---- rrrr----------- Jr r�------------- � � �1��-- ----- --' 1�'OINT OF .�1.t..------LVARIABLE W�A�TN ��I..i-----------��J��---._ � �___ B��G___ ses•2s�ae�E ess.eo� _, _ soo•2s --_ — .,__ ._.. ,.,.,,� ,. N00�'00 ' 0 "E �5.6 1� � �so � ti Ilou��,1 1p N�1 �1°'-p%1 r. `�G, N1 � � 1 W ^{1 � � � 1 �' � 1 �v 1 q � P4 � o � v � a 1 I �" 1 _� _ v vv.U-�-se2•2� o, o„W . 50 ' N90 '00' 00"W 55:00' N00 '00' 00"E 14.33' 1 � 11 l 1 1 LONGHOAN COUNCIL BOY SCOUT FOUNDATTON, INC. VOL.450, PG. 526 D.A.D,C.T. BASTS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NA�-83) STATE PLANE CpOR�INATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 36-5E-2 BEING A 5,143 SQ.FT./0.12 ACRE . SLOPE EASEMENT SITUE�TED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS I7 Graham Associates,lnc. � CONSULTINO ENGINEERS d� PLANNERS 000 SIX FLACt9 ORIV�, SUI7E b00 ARUNfiTON, �EXAS 76011 (817) 640-8633 1HPE FlRIAi F-1191/7BPLS �IRIAt 101638-00 GRAPHIC 3CALE i'4100' 0 50 100 150 DATE: DECEMBER 2011 i /n....4.... /O']R�CC�'J Page 3 of 3 EXHIBIT "A" - to Ordinance (Pr�perty Interests) PARCEL 36-SE-2 LEGAL DESCRIPTION SLOPE EASEMENT Being a 0.12 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and bei».g a portion of a tract o£ land conveyed to Longhorn Council Boy Scout Foundation, Inc., as rec;orded in Volume 450, Page 526, Deed Records, Denton County, Texas, and being more pariicularly described as follows: COMMENCING at a faund 1/2 inch iron rod, said point baing 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 existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.}; THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 666.80 feet to a point for corner, said point being the northwest cvrner of saici Longhorn Council Boy Scout Foundation, Inc. tract; THENCE South 89°3.3'33" East, continuing along said existing south right-of-way line, a distance of 56.45 feet tc� a point; THENCE South 00°26'27" West, leaving said existing south right-of way line, a distance of 12.21 feet to a point for corner, for the POINT OF BEGTNNING, said �oint being in the proposed south right-of�way line of said Roselawn Drive; THENCE North 90°00'00" East, along said proposed south right-of-way line, a distance of 287.50 feet to a point for corner; � THENCE 5outh 82°24'19" West, leaving said proposed south right-of-way line, a distance of 226.99 feet to a point for corner; THENCE North 90°00'00" West, a distance of 55.00 feet to a point for corner; THENCE North 00°00'00" East, a distance of 14.33 feet to a point for corner; THENCE North 90°00'00" West, a distance oi 7.50 feet to a point for corn.er; THENCE North 00°00'00" East, a distance of 15.67 feet to the POINT �F BEGINNING and CONTAINING 5.143 sauare feet, 0.12 acres of land, more or less. PAGE 1 OF 3 pym �� Wa�ti 2� a'U a�N° y.Q102 �� 4 71"�J 3p � . •,;r.. ,�/;., �� r ti� � �v r i � l ' , ! i 3' ��', tJ� �� W� i � �� i � �i � EXHIBIT "A" - to Ordinance (Property Interests) THE CHAMBERLAIN TRUST VOL. 4522, PG. 1336 O.R,D.C.T. � ..----rr�r-...----ROSELA1PN�fiRIVL�"--- ... .. : . . . ... FTj . .(VARIA��}VIOTH_ R.O.W.) .... „;,';., :.�: ' i: - -- S�9'29'b "E�666,80' r � � - � POINT OF ►� CODdMENCING FND 1/2" I.A SAVE 6 EXCEPT TRACT 1 JACK ARLYN 1'ARKES VOL. 4073, PG. 1207 D.R.D.C.T. �� '��t'�"�� I� W .` 1 � � � •� i 1 � � �� f � �� I \\ 1� I � � �� 1 AI � � � �I I � , �, � a �i ; , � ' , ;; i /� VOL.��IK4073YNPGAR1207 /� �D.R.D,C.T. II � r � �li BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD—B3) STA7E PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 36—DE-1 BEING A i,192 SQ.FT./0.03 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SUR'VEY, � ABSTRACT N0. 400, DENT4N COUNTY, TEXAS � ^ Graham Associates,lnc. ((`� CONSULTINO ENGINEERS � PLANNERS `�J eoo �x Fu►as oaivE, su�� aoo � M�NOTON. TEfGS 78011 (817) 6A0-0636 7BPE FlRM: F-1191/THPLS FlRAf 101638�OG GpAPHIC SCALE � i'�500' 0 50 100 150 OATE: DECEMBER 2011 _ mec_nc_� liiYWYI PAGE 2 OF 3 W W � ---rrj�__�_rrjr�_�1_�:,------ �.,-----'--'------'-�JIL__` S89'29'48"E 66fi.80' N00'Oq'00 E 15.67' N5,0'0 00"E. 1 7. 0' 1 1 H ti �� 1 �n1 la'wo�l �'�'��,1 1°� xl �,^- 1 a� �,1 �� 1' wal � � � �� i � v 1 y � � l O � ` °� ,1 11 a � � EXHIBIT "A" - to Ordinance (Property Interests) THE CHAMBERLAIN TRUST VOL. 4522, PG. l336 �.R.D.C.T. 3 r- No . � � �� SV N N-'�jTrr � POINT 0�'� 'TTr�--�-- -------��'I1l�1��R�,�r��r�t"- ----- - • -- • . - : �8�7rlr��.�r'--_......_,�/1�----(VARIABLE_W193'�1�,4,...Y�J_. ---.._...__:.i.L�., . . 90' '00"E 25.00' � _ . � � �� N90'00'00"E _ _,_ _ -- � ��., 7.50'__---'` � S00 '00 ' 00 "W 20.00' N90 '00' 00"W 40.00' N00 '00 ' 00 "E 20.00' LONGHORN COUNCIL BOY SCOUT FtlUNDATION, INC. VOL . 450, PG . 526 D.A.D.C.T. BASTS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) 5TATE PLANE COOROINATE SYSTEM, TEXA5 NORTH CENTRAL. PARCEL 36—DE-1 BEING . A 1,192 SQ.FT./0.03 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS I7 � Graham Associates,lnc. ■ C�NSULTING ENGINEERS � PLANNERS A00 SIX F1A03 �RIVE. SUI7E 600 ARLINCTON. 1ElUS 760H (817. E10—�636 TeaE aau: F-��e�/teP�s �� o�aae-oo �RAPHIC SCALE !'�100' 0 50 100 150 DAT�: DECEMBER 2011 Vncnfnn/PAF-OE-1 i'age 3 of 3 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 36-DE�1 LEGAL DESCRIPTION DRAINAGE EASEMENT Being a 0.03 acre tract of iand situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of a tract of land conveyed to Longhorn Council Boy Scout Foundation, Inc., as recorded in V'olume 450, Page 526, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast coxner 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 existing west right-of-way line of Bontue Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and atong existing said south right-of-way line, a distance of 666.80 feet to a point for corner, said point being the northwest corner of said Longhorn Council Boy Scout Foundation, Inc. tract; THENCE South 89°33'33" East, along existing said south right-of-way line, a distance of 31.45 feet to a point for corner; THENCE South 00°26'27" West, ieaving said existing south right-of way line, a distance of 12,40 feet to a point, for the POINT OF BEGINNING, said point being in the proposed south right-of-way line of said Roselawn Drive; THENCE North 90°00'00" East, along said proposed south right-of-way line, a distance of 25.00 feet to a point for corner; THENCE South 00°00'00" West, leaving said proposed south right-of-way line, a distance of 15.67 feet to a point for corner; THENCE North 90°00'00" East, a distance of 7.50 feet to a point for corner; THENCE South 00°00'00" West, a distance of 20.00 feet to a point for coz-ner; THENCE North 90°00'00" West, a dist�nce of 40.00 feet to a point for corner; THENCE North 00°00'00" East, a distance of 20.00 feet to a point for corner; THENCE North 90°00'00" East, a distance of 7.50 feet to a point for coriner; THENCE North 00°00'00" East, a distaz�.ce of 15.67 feet to the PO]NT OF BEGINNING and CONTAINING 1,192 square feet, 0.03 acres of land, more or less. � . PAGE 1 OF 3 EXHIBIT "A" - to Ordinance (Property Interests) �! � THE CHAMBERLAIN TRU5T oUi�"� q� VOL. D5R U.0 T, 1336 Q�m ' � r�a�� ryi �i Y>. a ti ¢� � o' a � ni o ,�� Yroo¢ � QW�O �i �~� '�r 3 ? �wQy o� n ,' r , - ._._ _.. , � � J'�^�----- _rrT�r...._�_-------_......_...rr , �rlr� - -- --• - R08ELAlIT�'1�RIVL _ _ _ _ _- -- -- - ' (VARIA � IOTH R.O.W. (' �.�.�,�--.'-..,.-'-_ �.._..T..1.�11 '--_ °-'-'-�__�J -1�-'- .S lfi._"_"'.»__�...'�"' . .. . QR059Q'dF1r"F FiRR_A0� -"""rrrf"' _..+Jll.i-- p��r ��' CO�NCING FND i/2" I.R SAV� � EXCEPT TRACT 1 JACK ARLYN PARKES VOL. 4073, P6. 1207 o.a.a.c.r. .��'�� &�� ,��`4's �� \� \� I `I \\ \\ ' � . I \, ��\ I � . ,� `;'4�� 1 ql � W� I �' � a' � � t � �� i i I � �JA(�K ARLYN PARKES / VOL.� 4073, PG. 1207 � �D.R.O.C.7. j�� I ��I . + � I . 1 � -- __ �-r- � i � � R� T CRQSSTEX ESMT � ' � �VOL.5292, PG.1319 I f �-- ! .I- —o,a. o.,c� j _ - I__�—� i ; I�E W 1� W � � BA5T5 OF BEARING I5 NORTH AMERICAN I?ATUM OF 1983 (NAQ--B3) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 36—TCE-1 BEING A 510 SQ.FT./0.01 ACRE SITUATED IN TI3E JAME5 EDM�NSON SURVEY, � ABSTRACT N0. 4�0, DENT4N COUNTY, TEXAS ' GRAPHIC 5CALE !'�SDO' � Graham Associates,lnc. Q CONSULTINC ENGINEERS Ac PLANNERS 600 SIX FLAQS DRIVE, SUITE 600 ARlJN6TDN� 1DU5 76011 (Bt» 910-E635 'IBPE FIRAI� F-1191/iHPLS flRAI: 101536-DO 0 50 100 150 DATE: JULY 2011 U/uen w� �/ rao- � �.c-� , s � . � PAGE 2 �F 3 (e I E WI � � W � EXHIBIT "A" - to Ordinance (Property Interests) — — _.._...._� .r ---------___^__,. `_ � _........'_..._...r r"_"""'.____'_r• _""___" " �"" rT 7 ---rrJ �l��l��------ • rjr rT�fE05ELAlfi��-rrr I J�-----589=28�48�'E-..l.11..-`�--_ �-r___.._.......J1J..----°----I�.99�e.�1� WIDTH R :0 W ) __..1.lJ._�_..-�---`---.____�1LI�---- 666.80' � _ _ � � � 1 1 � 1 l 1 � � 1 ��p N��ti �9 N a I 1O• x1 �,..� ° �mi I 1...1, N I �� 1 ��`V �a � � o: � �v 1 �` Q 1� a � a �1 �� 11 1, i 11 1 1 � I `� POINT OF HEGINNING � • I 00 '54' 17"W � 51.01' � I � I I m � 0 m M W n .. � ;� 0 I� � I LONGHORN COUNCIL BOY SCOUT FQUNDA7TON, INC. VOL.450, PG. 526 p.R.D.C.T. S90'00' 00"E 10.40' Soo •oo' o0"W 51.00' •oo�ao°w 9.60' ��$ �� . ��s�� },��, BASIS OF BEARING IS NDRTH AMERICAN DATUM OF 1983 (NAD—B3) STATE PLANE COOR�INATE 5Y57EM, TEXAS NORTH CENTRAL. PARCEL 36—TCE-1 BEING A 510 SQ.FT./0.01 ACRE SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Graham Associates,lnc. ■ CONSULTING ENGINEERS �C PLANNERS BOC 51X Fl.AGS DRIVE, St11TE b00 ARLINOTON, 7EXAS 76011 (81» 640-BS75 TBPE FlRAIt F-1191/iBPLS FlRM: 101638-00 n GRAPHIC SCALE !'�100' 0 50 S00 150 DATE; JULY 2011 v/ uan wi i/ roo- i�.�-� � � Page 3 of 3 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 36-TCE-1 LEGAL DESCRIPTION TEMPOR.ARY CONSTRUCTTON EASEMENT Being a 0.01 acre tract of land situated in. the James Edmonson 5urvey, Abstr•act No.400, Denton County, Texas and being a portion of a tract of land conveyed to Longhorn Council Boy Scout Foundation, Inc., as recorded in Volume 450, Page 526, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract .of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volurne 5422, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width Tt.O.W.), and the ex�isting south right-of-way line of Roselavcrn Drive (haviuxg a variable width R..O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of: way line, a distance of 666.80 feet to a point for corner, said point being the northwest corner of said Longhorn Council Boy Scout Foundation, Inc. tract, and the northeast corner of said Jack Parkes tract, being a common line; THENCE South 00°54'17" East, leaving said existing said south right-of-way line and along said common line, a distance of 380.18 feet to a point, for the POINT OF BEGINNING; THENCE South 90°00'00" East, leaving said common line, a distance of 10.40 feet to a point fox corner; THENCE South 00°00'00" West, a distance of 51.00 feet to a point for corner; THENCE North 90°00'00" West, a distance of 9.60 feet to a point for corner, said point being in the said common line; THENCE North 00°54'17" West, a distance of 51.01 feet to the POINT OF BFGINNING and CONTAINING 510 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 Longhorn Council Boy Scout Foundation, Inc., a Texas corporation (referred to herein as "Owner") and the City of Denton, Texas ("City"}. WITNESSETH: WHEREAS, Longhorn Council Boy Scout Foundation, Inc., a Texas corporation, 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 acicnowledged, the parties agree as follows: 1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special Warranty Deed (herein so called), conveying to the City, subject to the reservations described below, the tract of land being described in 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 Slope Easement (herein so called), in, along, upon, under, over and across the tract of land being described in Exhibit "A" and Exhibit "B", respectively, to that certain Slope Easement (the "Slope Easement Lands"), attached hereto as Attachment 2 and made a part hereof, for slope purposes, as more particularly described therein; (iii) a Drainage Easement (herein so called), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to that certain Drainage Easement (the "Drainage Easement Lands"), attached hereto as Attachment 3 and made a part hereof, for drainage 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 Slope Easement Lands, the Drainage 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 Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment 2; (iii) the Drainage 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 Slope Easement, the Drainage 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 itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced 2 from the Fee Lands. Owner, its successors and assigns, shall not have the right to use or access the surface of the Fee Lands, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Fee Lands for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and a11 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 Five Thousand Nine Hundred Fifty Five and No/100 Dollars ($5,955.00). 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 3 comparable to that of the existing driveway materials found. Any private service lines or irrigation lines situated within the Easement Lands and affected by the Project, shall either be repaired or rearranged, at the sole cost and expense of the City, as field conditions warrant. The work prescribed in this Section 3 is herein referred to as the "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 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, fences, 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. 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 shall be based on the amount of taxes due and payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The result of such proration is that the Owner shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to Closing) and City shall pay for those taxes attributable to the period commencing as of the Closing Date. All other typical, customary and standard closing costs associated with this transaction shall be paid specifically by the City, except for Owner's attorney's fees, if any, which shall be paid by Owner. 8. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this Agreement. 9.A. In the event Owner shall default in the performance of any covenant or term provided herein, and such default 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 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: Longhorn Council Boy Scout Foundation, Inc. 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: Richaxd Casner, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76241 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: � _ GEORGE C. CAMPBELL, CITY MANAGER Date: � , 2012 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Date: � , 2012 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � `' - Date: � �/ , 2012 OWNER: LONGHORN COUNCIL BOY SCOUT FOUNDATION, INC. By: _ Name: Title: Date: 2012 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of one (1) executed copy of this Agreement. Title Company agrees to comply with, and be bound by, the terms and provisions of this Agreement and to perform its duties pursuant to the provisions of this Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Universal Title Agency, LLC d/b/a Universal Land Title of Texas 2650 Bardin Road, Suite 101 Grand Prairie, Texas 75052 Telephone; (972) 206-7570 Telecopy: (972) 206-2870 I� 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 LONGHORN COLTNCIL BOY SCOUT FOLJNDATION, INC., a Texas corporation (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 axe hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, its successors and assigns, shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, 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 Page 2 of 3 otherwise. EXECUTED the THE STATE OF TEXAS COUNTY OF DENTON day of 2012. LONGHORN COUNCIL BOY SCOUT FOUNDATION, INC. By: Name: Title: ACKNOWLEDGMENT § § This instrument was acknowledged before me on , 2012, by , of Longhorn Council Boy Scout Foundation, Inc., a Texas corporation, on behalf of said corporation. Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, Texas 76209 Page 3 of 3 Notary Public, State of Texas My commission expires: Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 � PAGE 1 OF 3 �m 2;yv Qr-� "� �ac;�- a� ati Q�W N 4 y�o� �iW �O 7HJ 3p � 3 O �. �` r F ��. � ��W q' a :�� , � r — .� ri . . � � POINT QF COMDdENCING FNO i/2" T.R SAVE & EXCEPT TRACT 1 JACK ARI.YN PAAKES VOL. 4073, PG. 1207 D.R.D.C.7. NOTE: SET 1/2" T.R. W/ GAI CAP TO 8E SET AT END OF CONSTRUCTION. EXHIBIT "A" - Page 1 of 3 THE CHAMBERLAIN TRUST VOL. 4522, PG. 1336 p.R.D.C.T. r � RO�ELAIYTT � �1RIVE _ ' ' ' _ . ,. . � � , - _ . . , W (VARI B�E,,}VIOT _ R.O.,.W.) .. � � ' W '' ` S8� �' 9' 9"E 6BB. BO' L � . � �� /�d,•''d+ � .Gp�:.�� ' . f'.. Fd^, r'. �r .,= n..r. .�� y ;^., �� .` ., �. � •� , `` ��,; � � � �II 1 AI 1 I I �� i � a' i � l,.; � , '�JA�K ARLYN PARKES �, VOL,I 4073, PG. 1207 { ��.R.D.C.T. � I � BASIS OF BEARING IS NORTH AMERICAN OATUM DF 1983 (NAD-63I STATE PLANE COORDINATE• SYSTEM, TEXAS NORTH CENTRAL. PARCEL 36-R�W- i BEING A 4,618 SQ.FT./0.11 ACRE RIGHT-OF-`M1iAY DEDICATI4N SITUATED IN THE JAMES EDMONSON SURVEY, n ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Graham Associates,lnc. Q CONSULTING ENGINEERS � PLANNERS 60D SIX FLAGS DRIVE, SUITE tS00 ARLJNOTON, lEXAS 7E011 817) 640-6638 THPE FlRM: F-1191/7BPL3 RM: 101538-00 GRAPHIC SC0.LE !`�l00' 0 60 100 150 DATE: JULY 2011 J/Oenton/N3ti-HOw-1 . PAGE 2 OF 3 N�TE: SET 1/2" I.R. W/ GAI CAP TO BE 5ET AT ENO OF CONSTRUCTION. EXHIBIT "A" - Page 2 of 3 �iliL�i DRIVE � ' sET i/2" I.R. : WIpTH R.O.W,) W/ GAI CAP � • .—.:. SOU '�� OU �� W 5E7 1/2" I. R. 9. 4�c � W/ GAI CAP UNDATION. INC. i BA5I5 OF BEARING T5 NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 36—ROW--1 BEING A 4,618 SQ.FT./0, i i ACRE RIGHT—OF—WAY DEDICATION SITUATED IN THE JAMES EDMONSON AB5TRACT N0. 400, DENTON COUNTY, TEXAS ^ Graham Associates,lnc. C(� CaNSULTING ENGINEERS dt PLANNERS 600 SIX FLAfiS OIt1YE. SUITE 800 �' MUNOTON, iEXAS 7E011 (81� 6A0-s03b iBPE FlRMt F-1191/iHPL3 FlRIAS 101638-00 SURVEY, �� n GRAPHIC SCAtE i`-100' 0 50 100 150 ❑ATE: JULY 2011 J/Oenton/P36-ROw-i Page 3 of 3 PARCEL 36-iZOW-1 LEGAL DESCRIPTION RIGHT-OF WAY DEDICATION EXHIBIT "A" - Page 3 of 3 Being a 0.11 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton Cotu�ty, Texas and being a partion of a tract of land conveyed to Longhorn Council Boy Scout Foundation, Inc., as recorded in Volume 450, Page 526, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Setty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of way line, a distance of 666.80 feet to a point for corner, for the POIN'�' OF BEGINNING, said point being the northwest corner oi said Longhorn Council Boy Scout Foundation, Inc. tract; THENCE South 89°33'33" East, continuing along said existing south right-of-way line, a distance of 418.87 feet to a set 1/2 inch iron rod vvith GAI cap for corner, said point being in the proposed south righi-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 00°00'00" West, leaving said existing south right-of-way line and along said proposed south rigl�t-of-way line, a distance of 9.42 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE North 90°00'00" West, continuing along said proposed south right-of-way line, a distance of 418.66 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the west line of said Longhorn Council Boy Scout Foundation, Inc. tract; THENCE North 00°54'17" West, leaving said propased south right-of-way line and along said west line, a distance of .12.64 feet to a the P�INT OF BEGTNNING and CONTAINING 4,618 square faet, 0.11 acres of land, more or less. 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 Longhorn Council Boy Scout Foundation, Inc., a Texas corporation (referred to herein as "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, Longhorn Council Boy Scout Foundation, Inc., a Texas corporation, 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: 1 limitation, the making additions to, improvements on and repairs to said 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 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 malce 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: LONGHORN COUNCIL BOY SCOUT FOUNDATION, INC. I: Name: Title: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on , 2012, by , of Longhorn Council Soy Scout Foundation, Inc., a Texas corporation, on behalf of said corporation. 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 3 F'AGE 1 OF 3 �� zWv Q�m y 4��9 F. �� 4ti 4'�� N O y�o� U (u �q 7� 3 � � �._ rTj"' ---�1J��- 1 ;� `; o' I �� z, � � �' rl� � ; , EXHIBIT "A" - Page 1 of 3 7HE CHAMBERLAIN TRUST VOL. 4522, PG, 1336 o.R.o.c.T. ue � r � -�•r�r�._.,._-ROSELAli1��DRIVL�'-----------�r��-------_�_-------r� H -----.�VARIA.�.��1i�IDTH R.�O:W.)---rr'lll� ---°------..__�!l/.___ i�i 1�•"-'- --} ' � SB9 s29'9�"E fi6.BQ' f � �� l Ua POINT OF COMMENCING FND 1/8" I.R SAVE 6 EXCEPT TRACT 1 JACK ARLYN PARKES VOL. 4073, PG. 1207 D.R.D.C.T. �� ';. �;� � �� ,F,�� 'a' .. ,�.i�:`- a;" �. � �� i� W I \�\ �` � 1 fwl] � �� I \\ �� I � � 1 ql i ��I . � �� I I � I .� I // �!� � � • �JAdK ARLYN PARKES / VDL.� 4073, P�. 4207 /I �D.R.D,C.T. � I I � � I BASIS OF BEARTN� I5 NORTH AMERICAN DATUM OF 5983 (NAD-83) STATE PLANE CDORDINATE SYSTEM, TEXAS NOR7H CENTRAL. PARCEL 36-5E- i BEING A 820 SQ.FT./O.U2 ACRE SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, n ABSTRACT N0. 400, DENTON C�UNTY, TEXAS ^ Grahdm Associates,lnc. ((,sS CONSULTING ENGINEERS dc PUNNERS `�� eoa s�x Fl.�cs �wv�. sw� soo ,v�uNOror+, rous �eo�� at� a�o—ea3a TBPE FlRMs F-7191/TBPLS R t 101538-00 GRAPHIC SCAIE !`a100' 0 50 100 150 dA7E: DECEMBER 2011 V/UG116V11/rJV �� ♦ PAGE 2 OF 3 . �� 1� ��11 O ` � �'a i �� • � � } o �i o � � � 1 �1 1, 1` 1 C.7. 10 EXHIBIT "A" - Page 2 of 3 .-I r 1 I�� ?�------ .. .�__. �9.Q,w.) .. ._.,,,-- � LONGHORN COUNCIL 60Y SCOUT FOUNOATION, INC. VOL.450, PG. 526 D.R.D.C.T. BASI5 OF BEARING I5 NDR7H AMERICAN OATUM OF A983 (NAI]-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 36-5E-1 � BEING A � 820 SQ.FT./0.02 A.CRE SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, AHSTRACT N0. 400, DENTON COUNTY, TEXAS I7 � Graharn Associates,lnc. ■ CONSULTING ENGINEERS dc PLANNERS eoa s�x Fuos owvE. sui� eoo ARLINOTON. TEffA6 7E011 (ei� 640-E53S TBPE RIRMf F-1t91/78PLS FlRM: 101636-00 � GRAPHIC 3CALE i'�100' 0 50 100 150 ❑ATE: DECEMBER 2011 �� --invr_or_, Page 3 of 3 PARCEL 36�5E-1 LEGAL DESCRTPTION SLOPE EASEMENT EXHIBIT "A" - Page 3 of 3 Being a 0.02 acre tract of land siivated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of a tract of land canveyed to Longhorn Council Boy Scout Foundatian, Inc., as recorded in Volume 450, Page 526, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point 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 Cou.nty, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable vvidth R.O.W.), and the e�cisting south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 666.80 feet to a point for corner, said point being the northwest corner of said Longhorn Council Boy Scaut �oundation, Inc. tract; THENCE South 00°54'17" East, along said west line of Longhorn Council Boy Scout Foundation, Inc. tract, a distance of 12.64 feet to a point, for the P�INT OF BEGINNING, said point being in the proposed south right-of-way line of said Roselawn Drive; THENCE North 90°00'00" East, along said proposed south right-of-way line, a distance of 31.16 feet to a point £or comer; THENCE South 00°00'00" West, leaving said proposed south right-of way line, a distance of 15.67 feet to a point for corner; . THENCE North 90°00'00" West, a distance of 7.50 feet to a point for corner; THENCE South 00°00'00" West, a distance of 14.33 feet to a point for corner; THENCE North 90°00'00" West, a distance of 23.18 feet to a point for corner, said point being in the west line of said Longhorn Council Boy Scout Foundation, Inc. firact; THENCE North 00°54'17" West, along said west line, a dxstance of 30.04 feet to a the POINT OF BEGINNING and CONTAINING 820 square feet, 0.02 acres o� land, more or less. PAGE 1 OF.3 zy p aQ "� rr�a�ti �ti 4ti Q�nia Ymd� �� '}O � --- rr).�. __�IIJ�..- � � � � i ' `�� ,yi 1 i � i / 'i i � i � � 1� I� 3' � o� � a� t5� ' �' EXHIBIT "B" - Page 1 of 3 THE CHAMBERLAIN 7RUST VDL. 4522, PG. 1336 D.R.�.C.T. � � . iFi ^ . � 'O o 0 i'��'"� a .� � � � ---��TT�-----RO� �Ol�'LiVl�ri'____"'�"'r�.J.jr""__"_____^"r%J C" ��' ` --�-VARIASi1��.WIDTH R_0_W.�--- �lll� r-.----------��t��---- � ��--------- � 9589'2J'48 � fi66.80' � � � � -- V] � . I'OII�i'P OF COMMENCING FN� 1/2" I.R 5AVE & EXCEPT TRACT i JACK ARLYN PARKE5 VOL. 4073, PG. 1207 �.R.D.C.T. ,. -;,� �:�;; ;:;� �.t'��i F ��'��{`s, ,.a::� \\ \\ �I � W � � � �I � \ I \` \�� I ��' �I � ��', . � A� � WI I �� al a' � � � I,, // �r� � / • �JAdK ARLYN PARKES / VOL.� 4073, PG. 1207 /I �D.R.O.C.T. /I j ��It BASTS OF BEARING IS NDRTH AMERTCAN DATUM OF 1983 (NAD-83) STATE PLANE COOR�INATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 36-5E--2 BEING A 5,143 SQ.FT./0.12 ACRE SLOPE EASEMENT 5ITUATED IN THE JAMES EDMONSON ABSTRACT N0. 400, DENTON COUNTY, TEXAS Graham Associates,lnc. . CONSULTINQ ENGINEERS de PLANNERS 600 SIX FI.AGS DRIVE� SUt7E 600 ARUNp7pN, 7EXAS 76011 [_81Y) 040-8635 78PE FlRN� F-1i91/iHPL3 FlRM: 101638-00 SURVEY, n ORAPHIC SCALE !'�100' 0 50 100 150 OATE: DECEMBER 201�. .1/Oentan/P36-S�-2 PAGE 2 OF 3 w � ----rrT`"'r� J.l�_"' THE CHAMBEFILAIN TRUST VOL. 4522, PG. 1336 O.R.O,C.T. EXHIBIT "B" - Page 2 of 3 j"E _ � , -� ' '----- �rTr�----------�---- r r�------------- r �rTr� ---------------� onvT o� R�S�c�N - ��" ��----•----------�--,�J��-- ---- % .,�1�.,------�v_aRine�E w.iP�'N�A.�.4��L`------___�1✓L---�- � �-- - - E' GII�T1vINCr--- 589'29'48'�E 666.80' _ _ _ _ ' S00 '21 Noo��oo � a ° � �s.s �� ` wso l rnl 1o�N1 1� N�1 �1 •°' %1 � 1��N, � � �' W al �� 1 � � �� v , � ,l c 1 a � 1 !7"W 12. 1'-+ � -L_ �o� o°w J .50� �` 11 1 1� •oo�oo°w 55.00' '00'00"E 14.33' LONGHORN COUNCTL BOY SCdUT FOUNDATTON, INC. VOL.450, PG. 526 D.R.D.C.T. BA5T5 OF BEARING IS NORTH AMERICAN �ATUM OF 1983 (NAD-83) STA7E pLANE COORDINATE BYSTEM. TEXAS NOFTH CENTRAL. PARCEL 36-5E-2 BEING A 5,143 SQ.FT./0.12 ACRE . SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 4U0, DENTO�T COUNTY, TEXAS I7 � Graham Associates,lnc. Q CONSULTINO ENGtNEERS d� PLANNERS e00 31x F1.A08 oRIbE, su17E 600 ARLINOTON, 'IExAS 7d011 (E17) 0�0-8636 TBPE FlRMt F-1191/78PL9 fi1R1A: 1 01 638-00 GRAPHIC SCALE !'d100' 0 50 100 150 DATE: DECEMBER 2011 �.n--`--inac_eo_n Page 3 of 3 PARCEL 36-5E-2 LEGAL DESCRTPTI�N SLOPE EASEMENT EXHIBIT "B" - Page 3 of 3 Being a 0.12 acre tract of land situated in the James Edmonson Siuvey, Abstxact No.400, Denton County, Texas ax�.d beii�.g a portion of a tract of land conveyed to Longhorn Council Boy Scout Foundation, Inc., as rec;orded in Volume 450, Page 526, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a%und 1/2 inch iron rod, said poi;nt 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 existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.}; THENCE South 89°29'48" East, leaving existing said west right-of-way line and alon� existing said south right-of-way line, a distance of 666.80 feet to a point for corner, said point being the northwest corner of said Longhorn Council Boy Scout Foundation, Inc. tract; THENCE South 89°33'33" East, continuing along said existing south right-of-way line, a distance of 56.45 feet tc� a point; THENCE South 00°2fi'27" West, leaving said existing south right-of-way line, a distance of 12.21 feet to a point For corner, for the POINT OF BEGINNING, said point being in the proposed south right-of=way line of said Roselawn Drive; THENCE North 90°00'OQ" East, along said proposed south right-of-way line, a distance of 287.50 feet to a point for corner; � THENCE South 82°24'19" West, leaving said �roposed south right-of-way line, a distance of 226.99 feet to a point for corner; THBNCE North 90°00'00" West, a distance of 55.0� feet to a point for corner; THENCE North 00°00'00" East, a distance of 14.33 feet to a point for corner; THENCE North 90°00'00" West, a dxstance of 7.50 feet to a point for corner; THENCE North 00°0a'00" East, a distance of 15.67 feet ta the POINT OF BEGINNING and CONTAINING 5.143 sauaxe feet, 0.12 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 NUMBER. DRAINAGE EASEMENT THE STATE OF TEXAS , COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Longhorn Council Boy Scout Foundation, Inc., a Texas corporation ("Grantor"), whose mailing address is , 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", 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 kind, 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 sha11 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 2 aforesaid the premise above described. Witness our hands, this the Grantor: THE STATE OF TEXAS COUNTY OF DENTON 0 0 day of 2012. LONGHORN COUNCIL BOY SCOUT FOUNDATION,INC. By: _ Name: Title: ACKNOWLEDGMENT This instrument was acknowledged before me on , 2412, by , of Longhorn Council Boy Scout Foundation, Inc., a Texas corporation, on behalf of said corporation. Accepted this day of Texas (Ordinance No. 2012- ). : Paul Williamson Real Estate Manager 3 Notary Public, State of Texas My commission expires: 2012, for the City of Denton, AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson PAGE i DF 3 ' � �� : i\ . yf I � � m � 1 �x � ^ ��m a� wa�'' °� 4 a; 2ti V �' a�jNq V, �i y.Q10� jy �� w' 3p ;�p�^-K > a i� 4 i�� i ••� ,' — , . •----�r; ,.-.. i 'Ir �� 'r.� �- -- :l%��' " POTN"r OF COMMENCTNG FND 1/2" I.R SAVE 6 EXCEPT TRACT 1 JACK ARLYN PARKES VOL. 4073, PG. 1207 �.R.D.C.T. EXHIBIT "A" - Page 1 of 3 THE CHAMBEALAIN TRUST VOL. 4522, PG. 1336 O.R.O.C.7, r � _' _ " ROSELAIYN �'DRIV'E - � . . . . . - . , . � . . . H _ ,(VARIA��E, �IID7H. R.O, W, i ..��9 ;29;�b "E'666.80' I � _ _ � � V2 � �� . �� if' ,`\� ; �` w .. \ ,, � I cn � �� ' I � �I � I \\ 1`��I \ AI ► �I � �i I � � Q'+ i � C`' i i � , ,-, ,; � /`, VOL.��IK4073YNPGAR12a7 !� �D.R,O.C.T. � � � I � � BASIS OF BEARIN6 T5 NORTH AMERICAN �ATUM OF 5983 (NAI]-83) STATE PLANE COORDINATE 5Y5TEM, TEXAS NORTH CENTRAL. PARCEL 36-DE-1 BEING A 1,192 SQ.FT./0.03 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, n ABSTRACT N0. 40Q, DENTON COUNTY, TEXAS G Graham Associates,lnc. � CONSULTING ENGINEERS � PLANNERS soo mx Fuos oRrv�, sui� aoo ARLINGTON, iEXAS 7901t (B17) 6A0—o636 1BPE FlRM: �-1191/TBPLS FlRA( 101538-00 GRAPHIC SCAI.� 1'�SOD' 0 50 100 150 ❑ATE: DECEMBER 2011 �e-nC-1 PAG� 2 OF 3 w � ---�rT�___,.T�r,._.,�_.,.,------ .,�1��_ coh ��111 � AO �� C CRC O!1 � ` VV L i V. v♦ i o•o �oo° .— 1 7. o' 1 1 E ` � � �1 �� 1a;>,Nt L CJ1 �p N a� �1`°' �1 � I��N11 �� 1 W�\ d � � �� v � i � i � � � o � � � 1 1 � 1 1 1 1 EXHIBIT "A" - Page 2 of 3 THE CHAMBERLAIN TRUST VOL. 4522, PG. 1336 D.A.D.C.T. s i� - No . � � , � S11 N � �-. 1 + -�rjj�----POIN'I' OF' rrT�r. -._._ -�-��I.l�'i'P�bRIVE rr�r.,_.._ ..__ •--. ,�8I�7(�'��T�"a-- ... _,il1�----�VARIABLE_W14T�.tB14,..WJ_. .�-i.Li., �,,.. .,,,, , .... „� �.,�" .... � � Nso •oa � oo °E — �- -- - .� �:�,� _._7.50�---- _— — �soo •oo � oo °w 20.00' N90 '00' 00"W '00'00"E 40.00' 2�.a0� LONGHORN COUNCIL 80Y SCOUT FOUNDATTON, INC. VOL.450, PG. 526 O.R.O,C.7. eASIS OF �EARING IS NDRTH AMERICAN �ATUM OF 1983 (NAO-83) STATE PLANE COOROINATE SY5TEM, TEXAS NORiH CENTRAL. PARCEL 36--DE-1 BEING . A 1.,192 SQ.FT./O.U3 AC1ZE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS I7 � Graham Associates,lnc. ■ CONSULTING ENGINEERS � PLANNERS eoo s�x Fuos oRrvE. avlrE aoo ARLINaTON, IEXAS 76011 (917) 640-E535 1BPE FlRA1: F-i191/iBPLS FIRMt 1D1638-00 GRAPHIC SCALE f'�500' 0 50 100 150 DAT�: DECEMBER 2011 �in__i�../o�c-nC-A Page 3 of 3 PARCEL 36-DE-1 LEGAL DESCRIl'TION DRAINAGE EASEMENT EXHIBIT "A" - Page 3 of 3 Bei�ng a 0,.03 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and beixrg a portion of a tract of land conveyed to Longhorn Council Boy Scout Foundation, Inc., as recorded in Voluxne 450, Page 526, Deed Records, Denton County, Texas, and being moxe particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point 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 existing west right-of-way line of Bonnie Brae Street (having a variable width R.�.W.), and the existing south right-of-way line o£ Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of b66.80 feet to a point for corner, said point being the northwest corner of said Longhorn Council Boy Scout Foundation, Inc. tract; THENCE South 89°33'33" East, along existing said south right-of-way line, a distance of 31.45 feet to a point foz' corner; THENCE South 00°26'27" West, leaving said existing south right-of way line, a distance of 12.40 feet to a paint, for the POINT OF BEGIlVNING, said point being in the proposed south right-of-way line of said Roselawn Drive; THENCE North 90°00'00" East, along said proposed south right-of-way line, a distance of 25.00 feet to a point for corner; THENCE South 00°00'00" West, leaving said proposed south right-of way line, a distance of 15.67 feet to a point £or corner; THENCE North 90°00'00" East, a distance of 7,50 feet to a point for corner; THENCE South 00°00'00" West, a distance of 20.00 feet to a point for corner; THENCE North 90°00'00" West, a distance of 40.00 feet to a point for corner; THENCE North 00°00'00" East, a distance of 20,00 feet to a point for comer; THENCE North 90°00'00" East, a distance of 7.50 feet to a point for corner; THENCE North 00°04'd0" East, a distance of 15.67 feet to the POINT OF BEGIlVNING and CONTAINING 1,192 sauare feet, 0.03 acres of land, more or iess. � 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 NUMSER. TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT THE STATE OF TEXAS . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Longhorn Council Boy Scout Foundation, Inc., a Texas corporation ("Grantor"), whose mailing address is , 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 acicnowledged, 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 James Edmonson Survey, Abstract Number 400, 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 shall 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: LONGHORN COUNCIL BOY SCOUT FOUNDATION, INC. : Name: Title: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2012, by , of Longhorn Council Boy Scout Foundation, Inc., a Texas corporation, on behalf of said corporation. Notary Public, in and for the State of Texas My Commission Expires: 2 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 3 � EXHIBIT "A" - Page 1 of 3 � . � m �� THE CHAMBERLAIN 7RUST Qwv �. VOL. 4522, PG. 1336 �� ; g' � o.a.o.c.r. w4�'' ty` r Q�4V 1—, Rl�Np 3' a Ymo¢ J��`f Q�� iJ '~� %i 3� i�� "� o ' �` r , _ , — — i��,^ -tf �•�y�-�M�{�y� rrT�,...___-------___.__,.� � ^..'_rrir'r'__'."'ii��EAYf01\ rLiLLTL' �.......___..�.." •t _(VARIA��.�1.�IOTH H.O.W.)_._.. 1.1:1 ��1�-___ .t` f��-------•• _ � ., -- .T� �ao �a�ed°F ��=ao� --'-"rljl" --��ll.�_� pOINT OF COM�dENCING FNO 1/2" I.R SAVE & EXCEP7 TqACT 1 JAGK ARLYN PARKES VDL. 4073, PG. 1207 D.R.D.C.T. 'rm ��rb� ��. �¢,,t� ;�M�r�. �;:��;i' �� t��` � �' �ta� � \\ \� ` �I \ � � � \ � � � . � . `� I � . � �{ \\ ��i � ql 1 � � �I � al � I � �.� /l r'/ l � �JACIK ARLYN PARKES / VOL.� 4073, PG. 1207 /� �D.R,D.C.T. �; I i�l 1 � I . � ._.. _.. ..�_ 1 i � � i^� T CRO55TEX ESMT � � �VOL.5292, PG.131B I � � � � rO�R. �.,C�'js. ., — �__ .r � J I � i� � I� W W � BASTS OF BEARING I5 NORTH AMERICAN DATUM OF 1983 (NAD--83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 3fi-TCE--1 BEING A 510 SQ.FT./0.01 ACRE SITUATED IN THE JAMES EDMON50N SURVEY, '„' ABSTRACT NU. 400, DENTON COUNTY, TEXAS ' GRAPHIC SCALE !'-100' Graham Associates,lnc. CONSULTINC ENGINEERS � PLANNERS 600 SIX FLAG9 ORIVE, SUISE SOD ARLIN6TON� lEXAS 76011 (M7) E�O-9535 1BPE FlRAIs F-1191/i6PLS f1RAlt 101538-00 0 50 100 150 DATE: JULY 2011 �/uenLOn�rao-i�c-i , r a - � PAGE 2 OF 9 E"� W) � w � EXHIBIT "A" - Page 2 of 3 —/ \ , a � ,_� .� ---�rj�-=-��•f��-------�--....____...�l.rr,.___---•- ---�--,�T rj��__.�------ ,-Trr•r -----_..._-----._,. -- ---- '�EOSELA'NI� �YiiV� ��'-----SB9=28'48-'E-.•11f.,--�--- f,-----_.�..,r1.�.______.__lY.ASr/� wroTH R.0_W� __��1./�-_:�._..-------_._�.__�lJ.I1---- 666.80' '1 1 I ' � . � , 1 � 1 � 1 � � 1 �j 111 NNN1 � I `1ON x1� I m . n� � 1',,,�� N W I� Ci � ��1U � . i � v a ` ;� ti 1 0 �� 1 e > >� I LONGHORN COUN VOL, 450,5 pG.T 526 NDA7ION, TNC. a � � D.R.D.C.T. i � a �� 1 ` � �� -- ----- �� I — POINT OF BEGiN1JING � 1 I I 00'54' 17"W -f-� 51.01' I I I I � I I I I S90 '00 ' 00"E 10.40' soo •oo' oo"W 51.dQ' Nso •oo � oo ° w 9.60' �� ,�� 9ASIS OF BEARING I5 NORTH AMERICAN DATUM OF 1983 (NAb-83) STATE PLANE COORDINATE 5YSTEM, TEXAS NORTH CENTRAL. PARCEL 36—TCE-1 BEING A 510 SB.FT./0.01 ACRE SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 40U, DENTON COUNTY, TEXAS � Graham Associates,lnc. . CONSULTING ENGINEERS k PLANNERS 600 Slx FLAGS DRIVE, SUI�E 600 ARLINGIUN, 7EXAS 76U11 (81� 640-8535 TBPE FlRM: F-1161/T8PL5 flRM: 101538-DO n GRAPHIC SCALE 1'�500' 0 50 100 15U DATE: JULY 2011 �/uenton�rab-ict-s � � Page 3 of 3 PARCEL 36-TCE-1 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT EXHIBIT "A" - Page 3 of 3 Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstr•act No.400, Denton County, Texas and being a portion of a tract of land conveyed to Lon�horn Council Boy Scout Foundation, Inc., as recorded in Volume 450, Page 526, Deed Records, Denton County, Texas, and being more partzcularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract .of land conveyed to Jack Parkes and wife Bett}r Parkes, as recorded in Volurne 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of way line of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselavc�n Drive (having a variable width R..O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of: way line, a distance of 666.80 feet to a point for corner, said point being the northwest corner of said Longhorn Council Boy Scout Foundation, Inc. tract, a.n:d the northeast corner of said Jack Parkes tract, being a common line; THENCE South 00°54'17" East, leaving said existing said sfluth right-of-way line and along said common line, a distance af 380.18 feet to a point, for the POINT OF BEGINNING; THENCE South 90°00'00" East, leaving said common line, a distance of 10.40 feet to a point for corner; THENCE South 00°00'00" West, a distance of 51.00 feet to a point for corner; THENCE North 90°00'00" West, a distance of 9.60 feet to a point for corner, said point being in. the said common line; THENCE North 00°54'17" West, a distance of 51.01 feet to the POINT OF BEGINNING and CONTAINING 510 square feet, 0.01 acres of land, more or less,