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2012-152s:llegallour documents\ordinances1121clearman acquisition ordinance.doc ORDINANCE NO. 2� � 2-1 SZ AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO A 1,52 ACRE TRACT; (II) A UTILITY AND SLOPE EASEMENT, ENCUMBERING A 0.13 ACRE TRACT; (III) A DRAINAGE EASEMENT, ENCUMBERING A 0.67 ACRE TRACT; AND (IV) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT, ENCUMBERING A 0.14 ACRE TRACT, ALL TRACTS LOCATED IN THE A.N.B. TOMPKINS SURVEY, ABSTRACT NUMBER 1246, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY 1N THE 2100 BLOCK OF SOUTH BONNIE BRAE STREET (THE "PROPERTY iNTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BR.AE STREET, A MUNICIPAL STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO MILTON B. CLEARMAN AND WIFE, ANITA A. CLEARMAN (COLLECTNELY THE "OWNER") TO PURCHASE THE PROPERTY 1NTERESTS FOR THE PURCHASE PRICE OF TWO HUNDRED TWENTY THREE THOUSAND N1NE HUNDRED SIX DOLLARS AND NO CENTS ($223,906.00), AND OTHER CONSIDER.ATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas: THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The 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 malce 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 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 $223,906.00 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 tertns 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 sha11 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 /r%`' day of , 2012, _ �i � MARK . OU S, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY �. By: APPR ED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: -,F • q `'h PAGE 1 OF 4 W.C. ORR, JR. VDL. 773, PG. 55 �,,R.D,C.T. PROPOSEO R.O.W. � EXHIBIT "A" - to Ordinance (Properxy Interests) MATCH LINE PAGE 2 — WIDTF{ PROPO5ED R.O.W. SET 1/2' I.H. W/ GAI CAP � S01'27'd6"W � 94.45' N00'37'43"E � 945.83' I I LOT 1 JEAN M,G, TUNNELL 6 AGNES H. ROGERS SOLAR WAY ADDITION CA6, B, PG. 196 P.R.�.C.T. 2216 S. �ONNIE BRAE LOT 2 CHRISTOPHER M. WATT5 VOL. 5102, PG. 2398 D.R,O.C.T. SOLAR WAY ADOITION CAB. H, PG. 44 P.R.O.C.T. W/rGAt2CAP.R S46'20'16"W 50.71' R-SET f/2' I.R. W/ GAI CAP G- 10'42'22" R=952.50' T=89.25' L=177.98' 506'22' 25"E Lc=l77.72' ' I6ET S/2' I.R. rw, oAi �AP ^ �� m`�' `�. i_: • � J� ��.i ,��-. � ��,r� � �� ..'9�, r�, . � n � �� O`� 9�'y y0 � O � Q' � �'r'p �,�y� y � 9 "�� .� 9 � 9�9 09 O 2324 HIGHLANO PARK RD TRACT 137 MILTON 8. CLEARMAN 6 SPOUSE. ANITA A. CLEARMAN VOL. 4437, PG. 2213 �.R.D.C.T. N 3ET i/2^ I.R. . R=635.50�18" �. W/ GAI CAP T=62,43' O • � A 555'43'36"E N84?93403"E J W 28.28' L�=124.27' -� N/TGAI�CAP.R. N79'16'24"E 88.52' p H':'�1V . SET S/2' I.R. POINT OF BEGINNING ` � • W/TGAT2CAP.R.� ! 2' I.R. GA CAP �.� (71.00' R.O.W, N89'30' SB"W 429.i6' — _ pqppOSEO R.O,W. � 1 3 �. . � m N� am 2220 S. BONNIE BRAE � 3 HARLAN PROPERTIES, INC. r°n LOT 3A . (�H � o VOL. 4704, PG. 1297 JOHN P. ❑ANSBY o n D.R.D.C.T. VOL. 1554, PG. 969 � ¢ D.R.D.C.T. Iz� N x 0o w o SOLAR WAY A�OITION la" m a CAB. H, PCi. 44 W NOTE: SET 1/2" I.R. W/ GAI CAP TO P.R,D.C.T. H m 6E SET AT END OF CONSTRUCTION. I Za o¢ m � BASIS OF BEARING IS NORTH AMERICAN DATUM PARCEL 21 —ROW— � O F 1 9 8 3 ( N A O- 8 3) S T A T E P L A N E C O D R � I N A T E SYSTEM, TEXA5 NOHTH CENTRAL. BEING A 66,422 SQ.FT./1.52 ACRE VARIABLE WIDTH RIGHT—OF—WAY DEDICATION OF WHICH 31,881 SQ. FT. LIES WITHIN EXIST'ING RIGHT—OF—WAY OF BONNIE BRAE STREET SITUATED IN THE A.N.B. TOMPKINS SURVEY, n ABSTRACT N0. 1246, DENTON COUNTY� TE112�S GRAPHIC SCALE s��.�oo� Graham Associates,lnc. 0 50 100 150 � CONSULTING ENGINEERS !k PLANNERS 600 Slx FLAQS DRI4E, S1117E 600 �uHOraN, �x�s �ec» (a») e�o-e�e OATE: SEPTEMBEA 2011 7BPE FlRMt F-1191/16PLS �IRI�f: 101638-00 J/Denton/P21RowParti ... _..., .....::.... ..„._.;, . . n n I � b PAGE 2 OF 4 1900. 5. BONNIE BRAE ( . BONNIE BRAE OENTON INVESTMENT, LTD LOT 1, BLOCK 1, M 6 Q METAL A�OITION, � CAB. D, PG, 362 'P.R.D.C,T. ( 1824 S. BONNIE BRAE JdNES FAMILY TRUST 45.86 AC N00 '37' 43"E 945.83' W.C. ORR, JA. VOL. 773. P0. 55 O.R.D.C.T. \ \ I I � 3 W � �� u, _ W� ao ¢ N m 3 W J N m �a F, m¢ V EXHIBIT A- to Ordmance (Property Interests) BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE P�ANE COOROINATE SYSTEM, TEXAS NORTH CENTRAL. A� 1'48'37" R=6950.58' Tm109.82' L=219.63' S25'4B'28"E Lc=219.61' �W%TGAI2CAP�p� \ �'G ` C,� n � IG �(O � 99'J'q 990 � o �F � � s ��o� y� 9 9 "�� ` � 9 y 9� \ 09 O MATCH LINE PAGE i 1841 S. BONNIE BRAE LOT 1, BLOCK 1, OFEN & RUTH THOMA5 5WEET CREEK ADOITION, CAB. M, PG. BO P.R.D.C.T. Z a °� ��m Za.+ Q �UN °-ma �F o•�+�aa� U J[~.1 Fa-h� C��loaCmzV�'� =~za`�� O N -�fW O N �O� a N NOTE: SET 1/2" I.R. W/ GAI CAP TO BE 5ET AT ENd DF CONSTRUCTION. PARCEL 21-ROW-1 BEING A 66,422 SQ.FT./1.52 ACRE . VARIABLE WIDTH RIGHT-OF-WAY DEDICATI�N OF WHICH 31,881 SQ. FT. LIES WITHIN EXISTING RIGHT-OF-WAY OF BONNIE BRAE STREET SITUATED IN THE . A.N.B. TOMPKINS SURVEY, ABSTRACT N0. 1246, n DENTON COUNTY, TEXAS , Graham Associates,lnc. � CONSULTING ENGINEERS dc PLANNERS E00 SIX FLAOS ORIVE, SUITE 800 ARUNOTON, 1OU3 7E011 (817) 640-663b 7BPE FlRMf F-11o1/7�L5 �IRM: 101638-00 ORAPHIC SCALE 1"�ip0' 0 50 100 150 OATE: SEPTEMBER 2011 J/Denton/P21RowPartl PAGE 3 OF 4 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL21-ROW-1 LEGAL DESCRIPTION VARIABLE WIDTH RIGHT-OF-WAY DEDICATION BEING a 1.52 acre tract of land situated in the A.N.B. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Tract 137 as conveyed by deed to Milton B. Clearman and spouse Anita A. Clearman, as recorded in Volume 4437, Page 2213, Deed Records, Denton County, Texas. Said 1.52 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod for the northeast corner of Lot 3A and the southeast corner of Lot 2 of Solar Way Addition, an addition to the City of Denton as � recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, also being in the existing west right-of-way line of Bonnie Brae Street (a variable width R.O.W.); THENCE North 30°03'19" East, for a distance of 61.64 feet to a point for corner, being the POINT OF BEGINNING, and being located in the approximate centerline intersection of said Bonnie Brae Street and Highland Park Road (a variable width existing R.O.W.); THENCE North 00°37'43" East, along said approximate centerline of Bonnie Brae Street, a distan.ce of 945.83 feet to a point for corner, being the beginning of a non-tangent curve to the left having a radius of 6950.58 feet, a central angle of 1°48'37" and a long chord which bears South 25°48'28" East, 219.61 feet, said point being in the west right-of-way line of Gulf- Colorado & Santa Fe Railroad (a variable width R.O.W.); THENCE southeasterly, leaving said approximate centerline, and following along said west right-of-way line of Railroad and along said non-tangent curve to the left, an arc distance of 219.61 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 (a variable width R.O.W. at this point); THENCE South 06°23'S7° West, leaving said west right-of-way line of Railroad and following along said proposed east right-of-way line of Bonnie Brae Street, for a distance of 326.49 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South O1 °27'06" West, continuing along saicl proposed east right-of-way line, for a distance of 94.45 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South 46°20'16" West, continuing along said proposed east right-of-way line, for � distance oi 50.71 feet to a set 1/2 inch iron rod with GAI cap for corner (being a 95.00 foot R.O.W. at this point), and being the beginning of a non-tangent curve to the left having a radius of 952.50 feet, a central angle of 10°42'22" and a long chord which bears South OS°22'25" East, 177.72 feet; F EXHIBIT "A" - to Ordinance (Property Interests) PAGE 4 OF 4 THENCE southeasterly, along said proposed east right-of-way line and said non-tangent curve to the left, an arc distance of 177.98 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South 10°43'36" East, continuing along said proposed east right-of-way line, for a distance of 97.67 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 proposed north right-of-way line of .said Highland Park Road (a 71.00 foot R.O.W.); THENCE South 55°43'36" East, along said corner-clip, for a distance of 28�28 feet to a set 1/2 inch iran rod with GAI cap for corner, being in said proposed north right-of-way line of Highland Park Road; THENCE North 79°16'24" East, along said proposed north right-of-way line, for a distance of 88.52 feet to a set 1/2 inch iron rod with GAI cap for corner, being the begiruiing of a tangent curve to the right having a radius of 635.50 feet, a central angle of 11°13'18" and a long chord which bears North 84°53'03" East, 124.27 feet; THENCE northeasterly, along said proposed north right-of-way iine and said curve to the right, an arc distance of 124.47 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South 89°30'18" East, continuing along said proposed north right-of-way line, for a distance of 130.00 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South 00°29'42" West, leaving said proposed north right-of-way line, for a distance of 35.50 feet ta a point for corner, said point being in said approximate centerline of Highland Park Road; THENCE North 89°30'18" West, along said approximate centerline, for a distance of 429.16 feet to the POINT OF BEGINNING and CONTAINING 66,422 square feet or 1.52 acres of land, more or less, of which 31, 881 square feet of land is being used as roadway use and drainage at this time. 03 �ty -�� 0 � r:` .� ` PAGE 1 OF 2 W.C. DRR. JR. - ; VDL. 773, PG. 55 `� � O,R.D.C.T, r�l,ti' � �- •-- � � � � I i �I' � --I - -F -�- ; ;,,: I �' ' PROPOSED R.O.W. � � i I I i I . I i � �� i � � 4, 20' CROS5TEX EASEMENT I I �.� ,� IN9TRUMENT N0. 200B-SB200 i ----_O�R.D.C�T.—_.��__.T�—I 5 I �� A= 10 '42' 22" R=952.50' T=89.25' L=177.98' N05 '22' 25"W Lc-177.72' LDT 1 JEAN M.G. TUNNELL & AGNES H. RDGERS SOLAR WAY AD�ITIDN CAB. B, PG. 196 P.R.D.C.T. � 2216 5. BONNIE BRAE � � CHRISTOPHER M. WATTS N10'43'36'W i VOL. 5102, PG. 2398 97.67' , f ;,� O.R.D.C.T. i `� fr,. _�i l� ... •• SOLAR WAY AODITION � ; CAB, H, PG. 44 i/i� ' gti '� P.R.D.C.T. • ,;/ �� I •ati , �� . ' ,�'� ! c�2 i �,,' �`l � '� � � �t � � ' � _......_ _.. ........ . � ,� � ' .., ' __.. .._ _.... .._ -- � � 2220 S. 60NNIE BRAE � JOHNLPT DANSBY ° � .� VOL. 1554, PG. 969 Z � ti O,R.D.C.T. N � � °ac�, , SOLAR WAY ADDITION ; � CAB. H, PG. 44 �; , P.R.O.C.T. `� � � I � � i ; i � EXHIBIT "A" - to Ordinance (Property Interests) � PROp SEO R.O.W. I cG C,� ��o� 9�9d��0 C� a' ��5 �9 N46'2 71 6 E oF �,9q� J � 9 �g� � \ � 1'27'O6'W _�,��` 56.16' ��"' �� • X __ 6'07'39"W 134.73' A= �'15'15" R=944 50' \ y T=10.34 � 2324 HIGHLANO PARK RD L°20.67' S10'05'59"E TRACT 137 � �c�2o.s7' MILTON B. CLEARMAN 6 � SPOUSE, ANITA A. CLEARMAN � � �� VOL. 4437, PG. 2213 -1 ❑.R.D.C.T. 1,ir / � S10'43 3� '�� 105.67' .-�1 ��-,. ��r .� ' '�. '-'" % � ! / ,�'" "' "` -•t �' �,, PROPO5E0 R.O. W. /N55'43'36'W'� ��-.._! r�•�. — _._ .. �...__11.31' r ..___��.,...._r r,IG}�iLAND..PARK p..,........_. tJ.,......._.... !i' l�i.ob a.a��r� _..�........ °_-- ----•------J1.1_1....--` ----._.__...Jl.t.___ .l�__...___ .^"'--- ...r_! POINT OF BEGINNING — � PpppOSED R.O.W. HARLAN PRDPEATTES, INC. VOL. 4704, PG. 1297 D.R.O.C.T. BASIS OF 9EARING IS NORTH AMERICAN DATUM DF 1983 (NAD-83) 5TATE PLANE COOROINATE SYSTEM, TEXAS NDRTH CENTRAL. PARCEL 21-U&SE- 1 � BEING A 5,463 SQ.FT./0.13 ACRE VARIABLE WIDTH UTILITY AND SLOPE EASEMENT SITUATED IN THE A.N.B. TOMPKINS SURVEY, ABSTRACT N0. 1246, DENTON COUNTY, TEXAS Graham Associates,lnc. � CONSULTING•ENGINEERS � PLANNERS B00 SIX FiAC3 DRIVE, SUI7E 500 ARLINGTON. lE%AS 76011 (81� 840-8 '5.f6 TBPE FlRM: F-11o1/TBPLS FI tC1b30-OD � GRAPHIC SCALE • 1'�100' 0 50 10D 150 DATE: JUNE 14, 2011 I .,i�e��w��i.,��.�.,� .,�� .. . ��. �...._'---• - � PAGE 2 OF 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 21-USE-1 LEGAL DESCRIPTION � VARIABLE WIDTH UTILITY & SLOPE EASEMENT BEING a 0.13 acre tract of land situated in the A.N.B. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Tract 137 as conveyed by deed to Milton B. Cleartnan and spouse Anita A. Clearnian, as recorded in Volume 4437, Page 2213, Deed Records, Denton County, Texas. Said 0.13 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod for the northeast corner of Lot 3A and the southeast corner of Lot 2 of Solar Way Addition, an addition to the City of Denton as recorded in Cabinet H; Page 44, Plat Records, Denton County, Texas, also being in the existing west right-of-way line of Bonnie Brae Street (a variable width R.O.W.); THENCE North 52°11'S1" East, for a distance of 121.77 feet to a�point for corner, being the POINT OF BEGINNING and being the most northerly corner of a corner-clip at the intersection of proposed east right-of-way line of Bonnie Brae (having a variable width R.O.W.) and the proposed north right-of-way line of Highland Park Road (a 71 foot R,O.W.); � THENCE North 10°43'36" West, along said proposed east right-of-way line, for a distance of 97.67 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 952.50 feet, a central angle of 10°42'22" and a long chord which bears North OS°22'25" West, 177.72 feet; THENCE northwesterly, along said proposed east right-of-way line and said curve to the right, an arc distance of 17'7.98 feet to a point for corner; TI�ENCE North 46°20'16" East, continuing along said proposed east right-of-way, for a distance of 50.71 feet to a point for corner (being a variable width R.O.W. at this point); THENCE South O1°27'06" West, leaving said proposed east right-of-way line of Bonnie Brae Street, for a distance of 56.1b feet to a point for corner; � THENCE South 06°07'39" West, for a distance of 134.73 feet to a point for corner, being the beginning of a non-tangent curve to the left having a radius of 944.50 feet, a central angle of 1°15'15" and a long chord which bears South 10°OS'S9" East, 20.67 feet; THENCE southeasterly, along said non-tangent curve to the left, ari arc distance of 20.67 feet to a point for corner; THENCE South 10°43'36" East, for a distance of 105.67 feet to a point for corner, said point being in the northwesterly line of said comer clip; THENCE North 55°43'36" West, along said corner-clip, for a distance of 11.31 feet to POINT OF BEGINNING and CONTAINING 5,463 square feet or 0.13 acres of land, more or less. , � .•. _✓ PAG� 1 OF 2 BA5IS OF BEARING IS NORTH AMERICAN DATUM I OF 1983 (NAO-93) STATE PLANE COOROINATE I SY5T�M, TEXAS NORTH CENTFAL. 1824 5. 80NNIE BRAE JONE$ FAMILY TRU5T VOL. 4913, PG. 2359 D.R,O.C.T. W.C. ORR, JR. VOL. 773, PG. 55 D.R.O.C.T. 20' CROSSTEX EASEMENT INSTRUMENT N0. 2008-58200 - � � D.R.�.0.T. _ LOT 1 JEAN M.G. 7UNNELL 6 AGNES H. ROGERS SDLAR WAY ADDITION CAB. B. PG. 196 P.R.D.C.T. r� I � I I � I I I I I I I I � _ 1.� 2216 5. 6DNNIE BRAE LOT 2 CHRISTOPHER M. WATT: VDL. 5102, PG. 2398 �,R.D.C.T. SOLAR WAY ADOITION CAB. H, PG. 44 P.R.D.C.T. rv � N m w .. 0 m h 3 W 0 H ¢ y Z � ¢ o m } H J m Z H o� mQ � I ( I = } � 2220 5. BONNIE BRAE �Z LOT 3A W tD n N z° EXHIBIT "A" - to Ordinance (Property Interests) ' 70 NORTHWEST TY CORNER W n n n v 7 � p O � N y .. ;� y �� / O n�p / c��'6��i A= i'39'OB" R=6950,58' T=100.23' L=200.45' 527 '32 ' 21 " E Lc=200.44' C� \ T n r� ��O � 9f,q'9y� � o � Q' ��'� s9 o�, 2,� \ y9 9 � \ � 9 � � C'9n POINT OF BEGINNIN v' �' 2324 HIGHLAND PARK RD w TRACT 137 a MILTON B. CLEARMAN & N SPOUSE, ANITA A. CLEARMAN �. VOL.. 4437, PG. 2213 � > • O.R.D.C.T. � �r� ��'t� �� N pUS� '��'��' � NOTES: 1. THI5 EASEMENT LIES WITHIN A FE�ERAL EMERGENCY MANAGEMENT AGENCY �ESIGNATE� FLDOD PLAIN OR FLDOD PRONE AREA AS DESIGNATE� DN THE FL00� INSURANCE RATE MAP FOR DENTON CDUNTY COMMUNITY PANEL 4B121C0370 G.EFFECTIVE �ATE APRIL iB,20]1. n JOHN P. DANSBY �� pARCEL 21—DE-1 VOL, 1554, PG. 969 �W� o.R.D.C.T. H� B E IN G A RU � 29,083 SQ.FT./0.67 ACRE GRAPHIC SCALE 1•-100� VARIABLE WIDTH DRAINAGE EASEMENT 0 50 �oo �5o SITUATED IN THE A.N.B. TOMPHINS SURVEY, Graham Associates,lnc. ABSTRACT N0. 1246, Q CONSULTING ENGINEERS � PLANNERS DENTON COUNTY, TEXAS 000 SIX FLAGS DRIVE, SUITE S00 ARUNCTDN� 1EXA5 7e011 (E7 640-0535 TBPE FlRMc F-1191/7BPIS �IR : 101538-00 DATE: JULY 2011 J/Denton/BonnieBrae/Cad/Tm/Pal^Exhibits/P21DE1 PAGE 2 OF 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 21-DE-1 LEGAL DESCRIPTION VARIABLE WIDTH DRAINAGE EASEMENT BEIIVG a 0.67 acre tract of land situated in the A.N.B. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Tract 137 as conveyed by deed to Milton B. Clearman and spouse Anita A. Cleartnan, as recorded in Volume 4437, Page 2213, Deed Records, Denton County, Texas. Said 0.67 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod for the northeast corner of Lot 3A and the southeast corner of Lot 2 of Solar Way Addition, an addition to the City of Denton as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, also being in the existing west right-of-way line of Bonnie Brae Street (a variable widtii R.O.W.); THENCE North 14°22'46" East, for a distance of 394.92 feet to a point for corner, being the POINT OF BEGINNING and being in the proposed east right-of-way line of said Bonnie Brae Street (a variable width right-of-way at this point); THENCE North O1 °27'06" East, along said proposed east right-of-way line, for a distance of 94.45 feet to a point for corner; THENCE North 06°23'S7" East, continuing along said proposed east right-of-way line, for a distance of 326.49 feet to a point for corner, being in the �west right-of-way line of the Gulf- Colorado & Santa Fe Railroad and being the beginning of a non-tangent curve to the left having a radius of 6950.58 feet, a central angle of 1°39'08" and a long chord which bears 3outh 27°32'21" East, 200.44 feet; THENCE southeasterly, leaving said proposed east right-of-way line of Bonnie Brae Street and following along said west right-of-way line of the Railroad and said non-tangent curve to the left, an arc distance of 200.45 feet to a point for corner; THENCE South 15°51'S9" West, leaving said west right-of-way line of the Railroad, for a distance of 165.04 feet to a point for corner; THENCE South 46°20'16'! West, for a distance of 119.34 feet to the POINT OF BEGINNING and CONTAINING 29,083 square feet , 0.67 acres of land, more or less. J:1Denton\Bonnie BiaelCadlTerramodel\Parcel Exhibits1P21-DE- Ldoc PAGE 1 OF 3 25' UTILITY EASEMENT � � � l i 1 � I i i i i � � I l 1 l 1 I 1 i � i � i I i W [�m �` g3'„'v � ~ m �� .�] 3 N I ° �j ' H �L7~ I � wh � � ZN�a�i I ` Fi3 o f- w o � i tn� mo=o . � � .�, , N O�� I � �_ :° � J � °1 °°�o N¢ o � o� uyo lll V>- I T Fp ' G. Z�lf7 � 37i O7-� o � �I �a � HQ � � � I H • •�i' � '�. � •H � i � I �U� y� � � � i QaU �I �� I � Y 0/ I i� _ � I 3 � /, I I i .� �f I � ¢ � � �. a,� � � � '�. . r6 � ,%'�i\\\ � / I �y� V i �� t —W —�, —r-- a � - � -'>`o�" --� - - - w H Z[7F- I zmOa� I m Ja�� I NZ.-� " I 2 O � �J � N N °> I N � -�� C�� z� �H;¢ � Z i'� F-- W i� Z�i.+ H `-L � 00� � � i i 1 1 1 1 W ;� 1 ' ;> � ¢ � � i � � � i i 1 1 � i i , , i fi i i i i i , � � � � � i 1 1 1 i � i i I � � ^ Graham Associates,inc. ((`� CONSULTING ENGINEERS � PLANNERS � � �� . �,�� t��! u�u�c�or�. �x�s �am, cen� o,o-as3s TBPE FlRM: F-1191/TBPLS FlR\1: 101b38-00 � r i I I i :, 7 �. ]� �,t tA ` `�� S✓ S �j iv ; '� �'. -� . 1� � � � � � �� v� �� . �� • � � 1, \ \ V .� \`- �-'o � --------------�J1��--- 2324 HIGHLAND PARK RO TRACT 137 MILTON B. CLEARMAN � SPOUSE, ANITA A. CLEARMAN VOL. 4437, PG. 2213 O.R.D.C.T. % / �_ , ?�rDSEL� �.�J.'rt. _��__._`��__��.TJr�___'_��_________rrrTr____�rIJ/r_�___________ � _��JJIIJ _��JJIIJ_��_��J��iJ��A HIGHLAND PARK ROAD POINT OF BEGINNING �7=•QO• R.c.�.l .�--' `J---� HARLAN PROPERTIES, INC. VOL. 4704, PG. 1297 o.R.o.c.T. 20' �ROSSTEX CCN6 EASEMENT VOL.`5340, PG.535 O.R.�i.C.T. °RdPCSED �.O.l;. � �11J�---' BASIS OF BEARING IS NDRTH AMERICAN DATUM OF 1983 (NAD-B3) STATE PLANE CDDRDINATE SYSTEM, TEXAS NORTH CENTRAL. � PARCEL 21—TCE-1 BEING A ti 5,945 SQ.FT./0.14 ACRE VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE A.N.B. TOMPKINS SURVEY, ABSTRACT N0. 1246, DENTON COUNTY, TEXAS n GRAPHIC SCALE i'�60' 0 30 60 90 DATE: JUNE 14, 2011 �IWCn�un�ounntco��acwauvm�rai �wuaN•w�r�+�..�+ :� �C � Y--1 � i O � � r� • � A� .'3 � m b R a � � � � � � � � � � � � � � . .,. . , . - ... ..,, . >.. , EXHIBIT "A" - to Ordinance (Property Interests) PAGE20F3 PARCEL 21-TCE-1 LEGAL DESCRIPTION VARIABLE WIDTH TEMPOR.ARY CONSTRUCTION EASEMENT BEING a 0.14 acre tract of land situated in the A.N.B. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Tract 137 as conveyed by deed to Milton B. Clearman and spouse Anita A. Clearman, as recorded in Volume 4437, Page 2213, Deed Records, Denton County, Texas. Said 0.14 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod for the northeast corner of Lot 3A and the southeast corner of Lot 2 of Solar Way Addition, an addition to the City of Denton as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, also being in the existing west right-of-way line of Bonnie Brae Street (a variable width R.O.W.); THENCE North 57°06'35" East, leaving said existing east right-of-way line, for a distance of 125.71 feet to a point for corner, being the POINT OF BEGINNING; THENCE North 10°43'36" West, for a distance of 30.11 feet to a point for corner, being the beginning of a non-tangent curve to the right having a radius of 55.40 feet, a central angle of 38°42'07" and a long chord which bears North 55°38'38" East, 36.71 feet; THENCE northeasterly, along said non-tangent curve to the right, an arc distance of 37.42 feet to a point for corner, being the beginning of a reverse curve to the left having a radius of 5.00 feet, a central angle of 70°25'07" and a long chord which bears North 39°47'08" East, 5.77 feet; THENCE northeasterly, along said reverse curve to the left, an arc distance of 6.15 feet to a point for corner; THENCE North 04°34'35" East, for a distance of 10.15 feet to a point for corner; THENCE South 85°25'25" East, for a distance of 28.54 feet to a point for corner; THENCE South 04°34'35" West, for a distance of 7.72 feet to a point for corner; THENCE South 59°48' 16" East, for a distance of 67.03 feet to a point for corner; THENCE North 16°06'25" East, for a distance of 9.00 feet to a point for corner; THENCE South 73°53'35" East, for a distance of 33.66 feet to a point for corner; THENCE South 16°O1'15" West, for a distance of 6.74 feet to a point for corner, being in the proposed north right-of-way line of Highland Park Road (a 71 foot R.O.W.) and being the beginning of a non-tangent curve to the left having a radius of 635.50 feet, a � EXHIBIT "A" - to Ordinance (Property Interests) PAGE 3 OF 3 central angle of 4° 16'S4" and a long chord which bears South 81 °24'S1" West, 47.4$ feet; THENCE soutliwesterly, along said proposed north right-of-way line and said non- tangent curve to the left, an arc distance of 47.49 feet to a point for corner; THENCE South 79°16'24" West, continuing along said proposed north right-of-way line, for a distance of 88.52 feet to a point for corner; THENCE North 55°43'36" West, continuing along said proposed north right-of-way line, for a distance of 16.97 feet to the POINT OF BEGTNNING and CONTAINTNG 5,945 square feet or 0.14 acres of land, more or less. DS,, �- ......... 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 ��j�/ ��] , 2012, but effective as of the date provided below, between Milton B. Clearman and wife, Anita A. Clearman (collectively referred to herein as "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, Milton B. Clearman and wife, Anita A. Clearman are the Owner of a tract of land (the "Land") in the AN.B. Tompkins Survey, Abstract Number 1246, being affected by the public improvement project called the Bonnie Brae Road Widening and Improvements Project ("Project"); and WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii) easements in, along, over, upon, under and across, a portion of the Land, each related to the Project; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary real property interests for the Project; NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1 1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special Warranty Deed (herein so called), conveying to the City, subject to the reservations described below, the tract of land being described in EaLhibit "A" to that certain Special Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Slope Easement (herein so called), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to that certain Utility and Slope Easement (the "Utility and Slope Easement Lands"), attached hereto as Attachment 2 and made a part hereof, for utility and slope purposes, as more particularly described therein; (iii) a 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 Utility and 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 Utility and 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 tertns as attached hereto and incorporated herein as Attachment 3; and (iv) the Temporary Easement shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment 4(the Utility and Slope Easement, the 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, sha11 reserve, for � themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Fee Lands. Owner, their heirs, devisees, successors and assigns, sha11 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/ar 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 ar other utility infrastructure, and/or for subjacent or lateral support for any surface facilities ar 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 rninerals, 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 ar 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, 59� 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 and covenants contained herein, the City shall pay to Owner at Closing the sum of Two Hundred Twenty Tl�ree Thousand Nine Hundred and Six and No/100 Dollars ($223,906.00). The monetary compensation prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation". 3 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 Temporary Easement Lands. The driveway shall be reconstructed in a workmanlike manner, using materials compaxable to that of the existing driveway materials found. Any private service lines or irrigation lines situated within the Temporary 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 a11 debts, liens and other encumbrances (the "Encumbrances"). The Owner sha11 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. Oumer 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 andlor costs of repair, replacement and/or relocation of any improvements, garages, turf, landscape, vegetation, or any other structure or facility of any kind within the Easement Lands and/or Fee Lands related to activities conducted pursuant to the Easements or City ownership of the Fee Lands, interference with Owner's activities on the Easement Lands or other property interests of Owner, 4 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 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 lirnited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to Closing) and City shall pay for those t�es attributable to the period corrunencing 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. 5 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. B. In the event City shall default in the performance of any covenant or term provided herein, and such default sha11 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 COiJNTY, 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 Temporaxy 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: � OWNER: Milton B. Clearman and wife, Anita A. Clearman 1324 Highland Park Road Denton, Te�as 76205 Phone Telecopy: Copies to: For Owner: Telecopy: CITY: City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 For Citv: Richard Casner, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 13. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. Time is of the essence with respect to this Agreement. 14. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Special Warranty Deed and/or Easements. 15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity or party other than the City that might result in the taking of any portion of the Property, City may, at its election, terminate this Agreement at any time prior to Closing. 16. Authority to take any actions that are to be, or may be, taken by City under this Agreement and/or Easements, including without limitation, adjusting the Closing Date of this Agreement and/or the termination date of the Temporary Easement, are hereby delegated by City, pursuant to action by the City Council of Denton, Texas, to Frank Payne, City Engineer of City, or his designee. 7 CITY OF DENTON, TEXAS By. � � GEORGE C. CAMPBELL, CITY MANAGER Date: t% , 2012 ATTEST: JENNIFER WALTF�tS, CITY SECRETARY Date: 2012 APPR�VED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: i"��(" � Date: � J ��c /� , 2012 CI]h�/►1 �I .� MILTON B. CLEARMAN ANITA A. CLEARMAN Date: , 2012 E3 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 fui-ther set forth in any regulations or forms promulgated thereunder. M��II�[K��7�_1�i� Universal Title Agency, LLC d/b/a Universal Land Title of Texas 2650 Bardin Road, Suite 101 Grand Prairie, Texas 75052 Telephone: (972) 206-7570 Telecopy: (972) 206-2870 : Printed Name: Title: Contract receipt date: , 2012 ATTACHMENT 1 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS COUNTY OF DENTON . .� KNOW ALL MEN BY THESE PRESENTS: That MILTON B. CLEARMAN and wife, ANITA A. CLEARMAN (herein collectively called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described in E�ibit "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 themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, their heirs, devisees, successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanlcs or tanlc batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any lcind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons and shall exclude (i) all substances (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. Exceptions to conveyance and warranty: [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 4 otherwise. EXECUTED the day of , 2012. MILTON B. CLEARMAN ANITA A. CLEARMAN ACKNO WLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on 2012, by Milton B. Clearman. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acicnowledged before me on , 2012, by Anita A. Clearman. Notary Public, State of Texas My commission expires: Page 3 of 4 Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, Texas 76209 Page 4 of 4 Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 �,� °�F PAGE 1 OF 4 — W.C. ORR, JR. VOL, 773, PG, 55 �,R.D.C.T. PROPOSEO R.O,W. MATCH LINE PAGE 2 �'I�TH PRDPOSED R.O.W. W%TGAI2CAP�p� � SO1'27'O6"W � 94.45' N00'37'43"E � I 945.83' I I LDT 1 JEAN M,G, TUNNELL 6 AGNES H. ROGERS 50LAR WAY AD�ITION CAB. B, PG. 196 P.R.D,C.T. 2216 S. BONNIE BRAE LOT 2 CHRISTOPHER M. WATTS VOL. 5102, PG. 2398 D,R,O.C,T. SOLAR WAY A�DITION CAB, H, PG. 44 P.R.D.C.T. I � ' I i 2" I.H GA CAP —S46 •20' 16"W 50.71' 1/2" I.R. OAI CAP G= 10'42'22" R°952.50' T=89.25' l.=i77.9e' 505'22'25"E Lc=177.72' �� •� 1/2" I.R OAI CAP .-� . �. �`:'' ^ �,�'�' eJ�i T'*'� �'�r' .. '�,, ..� ��`��. � r� EXHIBIT "A" - Page 1 of 4 GG !,� �yn � �o '9�,q 9qO m� o F d' � �`r'p s92� y 'v 9 "`� o q 9 � 9 Oq O 2324 HIGHLAN❑ PARK RD TRACT 137 MILTON B. CLEARMAN & SPOUSE. ANITA A. CLEARMAN VOL. 4437; PG. 22i3 D.R.D.C.T. i�z, i a e= it•�a'ta�� AI CAP • R=635.50' T=62.43' 55'43'36''E L=124.47' 28.28' NB4'53'03"E L��1�4.27' -SET 1 2' I.R. N/ GA CAP ' N79'16'24"E 88.52' P �1V , SET S/2; I.R. ___ NB9'30' iB"W-' 429.16' — PRppOSE� R.O.W. ` � • W/TGAI2CAP.R.� ! 2' I.R. GA CAP 19•30'i8"E 130.00' , o R.O.W,) -, n a v' _ � rn N� em 2220 S. BONNIE BRAE � 3 HARLAN PROPERTIES, INC. �°n LOT 3A z�• VOL. 4704, PG. 1297 JOHN P. DANSBY oc`�i ¢° O.R.D.C.T. VDL . 1554, PG . 969 � D.R.�.C.T. IH� N� w SOLAR WAY ADDITIDN I a" m 3 CAB. H, PG. 44 w NOTE: SET 1/2" I.R, W/ GAI CAP TO P.R.O.C.T. H m BE SET AT EN� OF CONSTRUCTION. I Za O ~ m> BASIS OF BEARING IS NORTH AMERICAN DATUM PARCEL 21 �ROW— � OF 1983 (NAD-83) STATE PLANE COOR�INATE SYSTEM, TEXAS NORTH CENTRAL. BEING A 66,422 SQ.FT./1.52 ACRE VARIABLE WIDTH RIGHT—OF—WAY DEDICATION OF WHICH 31,881 SQ. FT. LIES WITHIN EXISTING RIGHT—O�—WAY OF BONNIE BRAE �TREET SITUATED IN THE A.N.B. TOMPKINS SURVEY, n ABSTRACT N0. 1246, DENTON COUNTY, TEXAS 6RAPHIC SCALE ��.sao� � Graham Associates,lnc. 0 50 ,o0 150 CONSULTING ENGINEERS dc PUNNERS eoo s�x Fuos oRi�, sui� soo �uNaraN, �x�s �eolt �e��, e�o-eaae DATE: SEPTEMBER 2011 TBPE FlRMi F-1191/1HPLS 101638-00 J/Denton/P2iRowParti . . . . . . . .. . .. . �.. . . . .. . . ,._.. � .,, ..r-n.; l - 4. � � .� EXHIBIT "A" _ Page 2 of 4 i ,� ; t 1900.5. BONNIE BRAE I . BONNIE BRAE OENTON INVESTMENT, LTO LOT 1, BLOCK 1, M 6 q METAL AOOITION, I CAB. D, PG. 362 'P.R.D.C.T. I 1824 S. 80NNIE BRAE JONES FAMILY TRUST 45.86 AC N00'37'43" 945.83' W. C. ORR, JR. VDL. 773, PG. 55 D.R.D.C.T. � ` I I�a �� `� ° � M m 3 W J � m za N m¢ BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-B3) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. G= 1'48'37" R=6950.58' T=109.82' L=219.61' S25'48'2B`E Lcs219.61' �W/TGAI2CAP•R• \ �� \ T 1 � f O r�q�O9O � - ,y �� o � ��'o s'y� � y 9 � �F \ � 9 y 99 ` Oq O MATCH LINE PAGE 1 1841 S. BONNI� BRAE LOT 1. BLOCK 1, OREN 6 RUTH THOMAS SWEET CREEK ADDITION, CAB. M, PG. 80 P.R.D.C.T. z a a°� �¢m Z Q �, a �c�.�N a�^,�a �i- o•+�aa� U JU i�a-I�� °0zv°C =~Za`�� 0 d' J LLJ J N �O� a N NOTE: SET 1/2" I.R. W/ GAI CAP TO BE 5ET AT ENO OF CONSTRUCTION. PARCEL 21- ROW-1 BEING A 66,422 SQ.FT./1.52 ACRE VARIABLE WIDTH RIGHT-OF-WAY DEDICATION OF WHICH 31,881 SQ. FT. LIES WITHIN EXISTING RIGHT-OF-WAY OF BONNIE BRAE STREET SITUATED IN THE . A.N.B. TOMPKINS SURVEY, ABSTRACT N0. 1246, � DENTON COUNTY, TEXAS Graham Associates,lnc. � CONSULTINO EN(iIN6ERS � PUNNERS 600 SIX FLAGS DRIVE, SUI'fE 600 ARUNOTpN, 7DU3 7e011 81� 610-8338 iBPE FlRM: f-1191/iBPL3 RM: 101b38-00 GRAPHIC SCALE !'-100' 0 50 100 150 OATE; SEPTEMBER 2011 J/Denton/P2lRawPartl � , ,;. ,,., ,. , � EXHIBIT "A" - Page 3 of 4 PAGE30F4 PARCEL21-ROW-1 LEGAL DESCRIPTION VARIABLE WIDTH RIGHT-OF-WAY DEDICATION BEING a 1.52 acre tract of land situated in the A.N.B. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Tract 137 as conveyed by deed to Milton B. Clearman and spouse Anita A. Clearman, as recorded in Volume 4437, Page 2213, Deed Records, Denton County, Texas. Said 1.52 acre tract of land being rnore particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod for the northeast corner of Lot 3A and the southeast corner of Lot 2 of Solar Way Addition, an addition to the City of Denton as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, also being in the existing west right-of-way line of Bonnie Brae Street (a variable width R.O.W.); THENCE North 30°03'l9" East, for a distance of 61.64 feet to a point for corner, being the POINT OF BEGINNING, and being located in the approximate centerline intersection of said Bonnie Brae Street and Highland Park Road (a variable width existing R.O.W.); THENCE North 00°37'43" East, along said approximate centerline vf Bonnie Brae Street, a distance of 945.83 feet to a point for corner, being the beginning of a non-tangent curve to the left having a radius of 6950.58 feet, a central angle of 1°48'37" and a long chord which bears South 25°48'28" East, 219.61 feet, said point being in the west right-of-way line of Gulf- Colorado & Santa Fe Railroad (a variable width R.O.W.); THENCE southeasterly, leaving said approximate centerline, and following along said west right-of-way line of Railroad and along said non-tangent curve to the lei�, an arc distance of 219.61 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 (a variable width R.O.W. at this point); THENCE South 06°23'S7" West, leaving said west right-of-way line of Railroad and following along said proposed east right-of-way line of Bonnie Brae Street, for a distance of 326.49 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South O1 °27'06" West, continuing along saicl proposed east right-of-way line, for a distance of 94.45 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South 46°20'16" West, continuing along said proposed east right-of-way line, for � distance oi 50.71 feet to a set 1/2 inch iron rod with GAI cap for corner (being a 95.00 foot R.O.W. at this point), and being the beginning of a non-tangent curve to the left having a radius of 952.50 feet, a central angle of 10°42'22" and a long chord which bears South OS°22'25" East, 177.72 feet; , ,:,. ,; „ . . . , --. "� " EXHIBIT "A" - Page 4 of 4 � PAGE 4 OF 4 THENCE southeasterly, along said proposed east right-of-way line and said non-tangent curve to the left, an arc distance of 177.98 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South 10°43'36" East, continuing along said proposed east right-of-way line, for a distance of 97.67 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 proposed north right-of-way line of said Highland Park Road (a 71..00 foot R.O.W.); THENCE South 55°43'36" 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 of Highland Park Road; THENCE North 79° 16'24" East, along said proposed north right-of-way line, for a distance of 88.52 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 635.50 feet, a central angle of 11°13'18" and a long chord which bears North 84°53'03" East, 124.27 feet; THENCE northeasterly, along said proposed north right-of-way iine and said curve to the right, an arc distance of 124.47 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South 89°30'18" East, continuing along said proposed north right-of-way line, for a distance of 130.00 feet to a set l/2 inch iron rod with GAI cap for corner; THENCE South 00°29'42° West, leaving said proposed north right-of-way line, for a distance of 35.50 feet to a point for corner, said point being in said approximate centerline of Highland Park Road; THENCE North 89°30'18" West, along said approximate centerline, for a distance of 429.16 feet to the POINT OF BEGINNING and CONTAINING 66,422 square feet or 1.52 acres of land, more or less, of which 31, 881 square feet of land is being used as roadway use and drainage at this time. o3'�y' �� ATTACHMENT 2 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU AR� A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. UTILITY AND SLOPE EASEMENT THE STATE OF TEXAS . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Milton B. Clearman and wife, Anita A. Clearman ("Grantor"), 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, 215 E. McKinney, Denton, Texas 76201, 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 perpetual utility and slope easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the A.N.B. Tomplcins Survey, Abstract Number 1246, to wit: PROPERTY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining utilities and lateral slope, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the malcing additions to, improvements on and repairs to said facilities, lateral slope features or grade or any part thereof. This Easement is subject to the following covenants and agreements: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acicnowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any lund, 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. Witness our hands, this the day of , 2012. 2 Grantor: Milton B. Clearman Anita A. Clearman ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on Milton B. Clearman. Notary Public, in and for the State of Texas My Commission Expires: ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on Anita A. Clearman. Notary Public, in and for the State of Texas My Commission Expires: 3 2012, by 2012, by Accepted this day of , 2012, for the City of Denton, Texas (Ordinance No. 2012- ). C Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 0 f:` � PAGE 1 OF 2 W.C. ORR, JR. ' VOL. 773, PG. 55 � D.R.�.C.T, r1 ,�:' . . .. i. .__ I.,.L' i � � -• --� - -�- �:.-. � ; PROPOSED R.O.W. ( � '� i � � � � � � � � I I I 4. 20' CROS5TEX EASEMENT I I i� , IN9THUMENT NQ. 200B-5B200 S 0. R. D. 0. T. 5 --------------T-�-I }I A= 10'42'22" R=952.50' T=89.25' L=177.98' N05'22'25"W Lc=177.72' LOT i JEAN M.G.'TUNNELL 6 AGNES H. ROGERS SOLAR WAY ADDITION CAB. B, PG. 196 P.R.D.C.T. � 2216 S. BONNIE BRAE LOT 2 CHqISTDPHER M. WATTS VDL. 5102. PG. 2398 D.R.D.C.T. SOLAR WAY ADDITION CAB. H, PG. 44 P.R.D.C.7. N10'43'36" 97.67' /�- � �/ . I J 1 / \ \ .•�J�� i r � 2220 5. BONNIE BRAE LOT 3A JOHN P. DANSBY VOL. 1554, PG. 969 O,R.D.C.T. SOLAR WAY ADOITION CAB. H. PG. 44 P.R.O.C.T. :� - `; � 7� i � i � , i � i i °� ' N �ti � ti ., a� ; � , �. �. i �. , �; ; I c. .� i ; 1 t � I EXHIBIT "A" � Page 1 of 2 CG C,� ��'o� 999�0� , PROP SE� R. 0. W. `� � ��y 9 ' 16"E pF .71' � .�q9� J � �� \ 909� 1'27'06"W �� 56.16' � ^�._ �,�"�• k _ 6'07'39"W 134.73' 9'15'15" 944.50' 10.34' 20.67' ♦ s�o•o5'59"E MILTON B. CLEARMAN 6 �c�zo.e7' SPOUSE, ANITA A. CLEARMAN • �� \ J VOL. 4437, PG. 2213 ]' O.R.D.C.7. �,/ \ 2324 HIGHLAND PARK RD TRACT 937 � r.l.( � �`' S 10 '43 36�� "�� 105.67' � �f \~ �f�! l ! ��'✓,.._....��'^, � �...../ PROPOSED R.D.W. r�N55'43'36"MI`- •'�-� — .._ ._ � 11.31' �_...__ ��. G�ILAND..A�.0 RD.(.{P..._...._.' _.._........ _ �,j.�...___. __._ ...._��-�•riI 171.0�P H.�.Wr'�9%�� ..__- -^_,.._..�---.1.11.....--'---""-'-.___..JL.l1__.. 1�_......•---.......�.,i._.._ ......./ POINT OF BEGINNING '� pROPOSED R.D.W. HAALAN PROPEA7IES, INC. VOL. 4704, PG. 1297 D.R.D.C.T. BA5IS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAO-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 21-U&SE- 1 BEING A 5,463 SQ.FT./0.13 ACRE VARIABLE WIDTH UTILITY AND SLOPE EASEMENT SITUATED IN THE A.N.B. TOMPKINS SURVEY, ABSTRACT N0. 1246, DENTON COUNTY, TEXAS Graham Associates,lnc. CONSeo�o��z��a oRi� �i��ERS ARLING'fON. 7E%A6 76011 (81_7) 84C-8533 � 7BPE �FlRM� F-1191/iBPL4 Fl�+i+� 1�iF,3B-00 n GRAPNIC 5CALE � 1'�100' 0 5D 100 15D DATE: JUNE 14, 2011 I J/UO111.U11/DU111�1cu� ac/uou/ ��/� � ��..v+. � ��-. �: � PAGE 2 OF 2 EXHIBIT "A" - Page 2 of 2 PARCEL 21-USE-1 LEGAL DESCRIPTION � VARIABLE WIDTH UTILITY & SLOPE EASEMENT BEING a 0.13 acre tract of land situated in the A.N.B. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Tract 137 as conveyed by deed to Milton B. Clearman and spouse Anita A. Cleannan, as recorded in Volume 4437, Page 2213, Deed Records, Denton County, Texas. Said 0.13 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod for the northeast corner of Lot 3A and the southeast corner of Lot 2 of Solar Way Addition, an addition to the City of Denton as recorded in Cabinet H; Page 44, Plat Records, Denton County, Texas, also being in the existing west right-of-way line of Bonnie Brae Street (a variable width R.O.W.); THENCE North 52°11'S1" East, for a distance of 121.77 feet to a point for corner, being the POINT OF BEGINNING and being the most northerly corner of a corner-clip at the intersection of proposed east right-of-way line of Bonnie Brae (having a variable width R.O.W.) and the proposed north right-of-way line of Highland Park Road (a 71 foot R.O.W.); � THENCE North 10°43'36" West, along said proposed east right-of-way line, for a distance of 97.67 feet to a point for corner, being the beginnuig of a tangent curve to the right having a radius of 952.50 feet, a central angle of 10°42'22" and a long chord which bears North OS°22'25" West, 177.72 feet; THENCE northwesterly, along said proposed east right-of-way line and said curve to the right, an arc distance of 177.98 feet to a point for corner; THENCE North 46°20'16" East, continuing along said proposed east right-of-way, for a distance of 50.71 feet to a point for corner (being a variable width R.O,W. at this point); THENCE South O1°27'06" West, leaving said proposed east right-of-way line of Bonnie Brae Street, for a distance of 56.16 feet to a point for corner; � THENCE South 06°07'39" West, for a distance of 134.73 feet to a point for comer, being the beginning of a non-tangent curve to the left having a radius of 944.50 feet, a central angle of 1°15'15" and a long chord which bears South 10°OS'S9" East, 20.67 feet; THENCE southeasterly, along said non-tangent curve.to the left, an arc distance of 20.67 feet to a point for corner; THENCE South 10°43'36" East, for a distance of 105.67 feet to a point for corner, said point being in the northwesterly line of said corner clip; THENCE North 55°43'36" West, along said comer-clip, for a distance of 11.31 feet to POINT OF BEGINNJNG. and CONTAINING 5,463 square feet or 0.13 acres of land, more or less. ATTACHMENT 3 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATUR.AL 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 Milton B. Clearman and wife, Anita A. Clearman (collectively, "Grantor"), 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, 215 E. McKinney, Denton, Texas 76201, 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 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 A.N.B. Tompkins Survey, Abstract Number 1246, to wit: PROPERTY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining 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, worlunen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said drainage facilities, drainage features or grade, or any part thereof. This Easement is subject to the following covenants and agreements: l. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property by Grantor that may 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 malce use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes � aforesaid the premise above described. Witness our hands, this the day of , 2012. Grantor: Milton B. Clearman Anita A. Clearman ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on Milton B. Clearman. Notary Public, in and for the State of Texas My Commission Expires: 2012, by ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2012, by Anita A. Clearman. 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 � ,•. X s PAG� L OF 2 BASIS OF BEARING IS NOR7H AMERICAN DAT�UM I OF 7983 (NAD-83) STATE PLANE COORDINATE I ( SYSTEM. 7EXAS NORTH CENTRAL. 1824 5. 60NNIE BRAE JONE$ FAMILY TRl15T VOL. 4913, PG. 2359 D.R.O.C.T. 0 QI W.C. ORq, JR. a � 40L. 773, PG. 55 D.R.O.C.T. r� � I � I �� I I � � I � I 20' CRO55TEX EASEMENT I I INSTRUMENT ND. 2008-58200 o.a.o.c.T. -------------- -�—� LOT i JEAN M.G. TUNNELL 6 AGNES H. ROGERS 50LAR WAY ADDITION CAB. B, PG. 196 P.R.D.C.7. 22]6 S. BONNIE BRAE LOT 2 CHAI5TOPHER M. WATT! VOL. 5902. PG. 2398 �,R.�.C.T. 50LAR WAY ADDITION CAB. H, PG. 44 P.R.D.C.T. .a � N 4 � � oi v N. 3 � o N ¢ ¢ O H m 3 M --r IZ m Z a O H m. 2 � 238.61' TO NORTHWE5T PROPERTY CORNER ��o° �N 3 EXHIBIT "A" - Page 1 of 2 A= 1'39'OB" R=6950.58' T=100.23' L=200.45' S27 '32' 21 "E Lc=200.44' cc � T C� r� �(O � 9�,q'9y0 B o F � _� s �� 921� \ S. 9 9 � o ,9 \ � �'��9 n I � � h � � W �� W � Q ��. J ' tim /r�,p ,�a o �p6 �9. �S Z �/ � � N IPDINT OF BEGINNIN 2220 S. BONNIE BRAE �co LOT 3A z P rn � w v� N ? � 2324 HIGHLAND PARK RO TRACT 137 MILTON B. CLEARMAN � SPOUSE, ANITA A. CLEARMAN � VOL .. 4437, PG . � 2213 D.R.D.C.T. � ��a� ��V NpUS� '��' �� . � � NOTE5: i. THIS EASEMENT LIES WITHIN A FEOERAL EMERGENCY MANAGEMENT AGENCY DESIGNATED FLDDD PLAIN DR FLO�� PRONE AREA AS DESIGNATEO DN THE FLD�b INSURANCE RATE MAP FDR �ENTON CDUNTY COMMUNITY PANE� 4B121C0370 G,EFFECTIVE OATE APRIL iB,2011. n JOHN P. DANSBY ��s PARCEL 21—DE-1 VOL. 1554, PG. 969 f-w� D.R.D.�,T. _= BEING A °a�� 29,083 SQ.FT./O.fi7 ACRE GRAPHIC SCALE s•-SOa� VARIABLE WIDTH DRAINAGE EASEMENT 0 50 �ao �go SITUATED IN THE A.N.B. TOMPHINS SURVEY, Graham Associates,lnc. ABSTRACT N0. 1246, � CONSULTING ENGINE�RS � PLANNERS DENTON COUNTY, TEXAS eoo slx Fucs oRlve, su�iE soo ARIJNOTON, 'IEXAS 7E011 E17� 64�lb36 7BPE FlRM: F-��w/1e�s RM: �mase-oo DATE: JULY 2011 J/Denton/BonnieBrae/Cad/Tm/ParExhibits/P21�Ei PAGE 2 OF 2 PARCEL 21-DE-1 LEGAL DESCRIPTION VARIABLE WIDTH DRAINAGE EASEMENT EXHIBIT "A" - Page 2 of 2 BEING a 0.67 acre tract of land situated in the A.N.B. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Tract 137 as conveyed by deed to Milton B. Clearman and spouse Anita A. Clearman, as recorded in Volume 4437, Page 2213, Deed Records, Denton County, Texas. Said 0.67 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod for the northeast corner of Lot 3A and the southeast corner of Lot 2 of Solar Way Addition, an addition to the City of Denton as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, also being in the existing west right-of-way line of Bonnie Brae Street (a variable widtii R.O.W.); THENCE North 14°22'46" East, for a distance of 394.92 feet to a point for corner, being the PO1NT OF BEGINNING and being in the proposed east right-of-way line of said Bonnie Brae Street (a variable width right-of-way at this point); THENCE North O l°27'06" East, along said proposed east right-of-way line, for a distance of 94.45 feet to a point for corner; THENCE North 06°23'S7" East, continuing along said proposed east right-of-way line, for a distance of 326.49 feet to a point for corner, being in the �west right-of-way line of the Gulf- Colorado & Santa Fe Railroad and being the beginning of a non-tangent curve to the left having a radius of 6950.58 feet, a central angle of 1°39'08" and a long chord which bears South 27°32'21" East, 200.44 feet; THENCE southeasterly, leaving said proposed east right-of-way line of Bonnie Brae Street and following along said west right-of-way line of the Railroad and said non-tangent curve to the left, an arc distance of 200.45 feet to a point �or corner; THENCE South 15°51'S9" West, leaving said west right-of-way line of the Railroad, for a distance of 165.04 feet to a point for corner; THENCE South 46°20'16" West, for a distance of 119.34 feet to the POINT OF BEGINNING and CONTAINING 29,083 square feet , 0.67 acres of land, more or less. J:1DentonlBonnie BraelCadlTerramodel\Parcel Exhibits1P21-DE-l.doc ATTACHMENT 4 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT THE STATE OF TEXAS . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Milton B. Clearman and wife, Anita A. Clearman ("Grantor"), 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, 215 E. McKinney, Denton, Texas 76201, receipt and sufiiciency 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 A.N.B. Tompkins Survey, Abstract Number 1246, to wit: PROPERTY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may remove from the Property above described, such fences, signage, buildings and other obstructions as may now or hereafter be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under, over and across said Property. It is specifically stipulated by Grantor that the scope of the access, construction and grading activities shall include the clearing and removal of vegetation and trees that exist within the Property. The City of Denton, its agents, employees, contractors, worlunen, 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: Milton B. Clearman Anita A. Clearman ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acicnowledged before me on Milton B. Clearman. 2012, by Notary Public, in and for the State of Texas My Commission Expires: � THE STATE OF COUNTY OF 0 � ACKNOWLEDGMENT This instrument was acicnowledged before me on A. Cleartnan. Notary Public, in and for the State of Texas My Commission Expires: Accepted this day of Texas (Ordinance No. 2012-�. I� 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, by Anita 2012, for the City of Denton, PAGE i DF 3 � I 25' UTILITY EASEMENT ` � � ; , � , � , , , � � �I ; �; , , i � i � i 1 ; W ym �' g�.i�., � ~ M �� m 3 N � l I-i ! WI zcv�a~ � t �' -' z ¢ �' I � �� O]O=N� I � I�� J�� ' �LL F- o -o� �- u ¢ o � °� u��° [U V�� I G, �� I y� oZ 0�l o I �I � NQ I _ f H Q H • � �'� � 0�~ I �' � aar� �j' � �� .' � a=°i �� ' � 3 � �1 � �� 1. ¢ /� , a , � �,� r i 1 1 � w ;� l � ti > ;¢ �� , , � l �� N��\ I i �,y�'�;�� .' � � � � ' I � � � � — � � Q —� _C.."—_ ; � Lp � � —��--�--- � ; ,,w., zc�� z� � om°a� I ov�H � °0oaco� � F--W�� i .J LL7¢ Z��+ � N =~° � oo,.`OZ � N °� I ac.�� ' I N � i ; , , , I ' ; � � Graham Associates,lnc. ■ CONSULTING ENGINEERS dc PLANNERS � �X �►� �� ,�,� � ,�"�' � 'F—,�,a,� ePi.s �w,�i.� ,emas�o r i� ; ; ;, 5. 7� a, o� �� i� j i'�? _ 1� ';4 yr � 1 I � � ---� � � I � � �� J 2324 HIGHLAND PARK RD TRACT 137 MILTON B. CLEARMAN 6 SPOUSE, ANITA A. CLEARMAN VOL. 4437, PG. 2213 D.R.D.C.T. l�� l 1 <�r_ � ��^�os�� .�.�. �----� ./----------` �---rrrT�----------------rrTT,------�rr��------------Q 0 ��_��___�JJ1JJ__�_____________JJJiJ____��__��JJ�JJ_��'_�_��___J�IfJ��_��F� HIGHLAND PARK ROAD f??.�0' R.C.i�i.) POINT OF BEGINNING �- --� HARLAN PROPERTIES, INC VOL. 4704. PG. 1297 D.R.�.C.T. 20' �RDSSTEX CCNG EASEMENT VOL.`5340, PG.535 D.R.4.C.T. ��oPCS_o a.c.�;. I l --rr �---------• ��J1�J1�� BASIS OF BEARING IS NDRTH AMERICAN OATUM DF 1983 (NAD-83) STATE PLANE CODROINATE SYSTEM, TEXA5 NORTH CENTRAL. ' PARCEL 21—TCE-1 , BEING A i 5,945 SQ.FT./0.14 ACRE VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE A.N.B. TOMPKINS SURVEY, ABSTRACT N0. 1246, DENTON COUNTY, TEXAS n �. � GRAPHIC SCALE 3'�6U' 0 30 60 90 DATE: JUNE 14. 2011 I V WGI1��1� \�+v��ac�i ua. ��«� �� u. �....�r�...... �.�.�� J�i � � � y � b � � � � 0 � w ,, ,. ,.. . , . , EXHIBIT "A" - Page 2 of 3 PAGE 2 OF 3 PARCEL 21-TCE-1 LEGAL DESCRIPTION VARIABLE WIDTH TEMPORARY CONSTRUCTION EASEMENT BEING a 0.14 acre tract of land situated in the A.N.B. Tompkins Survey, Abstract No. 1246, �Denton County, Texas, being a portion of Tract 137 as conveyed by deed to Milton B. Cleannan and spouse Anita A. Clearman, as recorded in Volume 4437, Page 2213, Deed Records, Denton County, Texas. Said 0.14 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod for the northeast corner of Lot 3A and the southeast corner of Lot 2 of Solar Way Addition, an addition to the City of Denton as recorded in. Cabinet H, Page 44, Plat Records, Denton County, Texas, also being in the existing west right-of-way line of Bonnie Brae Street (a variable width R.O.W.); THENCE North 57°06'35" East, leaving said existing east right-of-way line, for a distance of 125.71 feet to a point for corner, being the POINT OF BEGINNING; THENCE North 10°43'36" West, for a distance of 30.11 feet to a point for corner, being the beginning of a non-tangent curve to the right having a radius of 55.40 feet, a central a.ngle of 38°42'07" and a long chord which bears North 55°38'38" East, 36.71 feet; THENCE northeasterly, along said non-tangent curve to the right, an arc distance of 37.42 feet to a point for corner, being the beginning of a reverse curve to the left having a radius of 5.00 feet, a central angle of 70°25'07" and a long chord which bears North 39°47'08" East, 5.77 feet; TI-iENCE northcasterly, along said reverse curve to the left, an arc distance of 6.15 feet�to a point for corner; THENCE North 04°34'35" East, for a distance of 10.15 feet to a point for corner; THENCE South $5°25'25" East, for a distance of 28.54 feet to a point for corner; THENCE South 04°34'35" West, for a distance of 7.72 feet to a point for corner; THENCE South 59°48' 16" East, for a distance of 67.03 feet to a point for corner; THENCE North 16°06'25" East, for a distance of 9.00 feet to a point for corner; THENCE South 73°53'35" East, for a distance of 33.66 feet to a point for corner; THENCE South 16°O1'15" West, for a distance of 6.74 feet to a point for comer, being in th� �roposed north r'ight-of-way line of Highland Park Road (a 71 foot R.O.W.) and being the beginning of a non-tangent curve to the left having a radius of 635.50 feet, a .,. ..,,,.., „. _ _,_. . _ .. , � EXHIBIT "A" - Page 3 of 3 PAGE 3 OF 3 central angle of 4° 16'S4" and a long chord which bears South 81 °24'S1" West, 47.4$ feet; THENCE soutfiwesterly, along said proposed north right-of-way line and said non- tangent curve to the left, an arc distance of 47.49 feet to a point for comer; � THENCE Sonth 79°16'24" West, continuing along said proposed north right-of-way line, for a distance of 88.52 feet to a point for corner; THENCE North 55°43'36" West, continuing along said proposed north right-of-way line, for a distance of 16.97 feet to the POINT OF BEGINNING and CONTAINING 5,945 square feet or 0.14 acres of land, more or less. �5.� �- .,... �