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2012-153 %(+$1$%$1$-"$%.1, 2012153 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$2#§º«(´¯º¯§²¹ LettersTerminatingPurchaseAgreement07/09/13JR s:llegallour documentslordinances1121thomas acquisition ordinance.doc ORDINANCE NO. 2012-15 3 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO A 0.08 ACRE TRACT; (II) A UTILITY AND SLOPE EASEMENT, ENCUMBERING A 0.03 ACRE TR.ACT; (III) A SLOPE EASEMENT, ENCUMBERING A OA1 ACRE TRACT; AND (IV) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT, ENCUMBERING A 0.01 ACRE TRACT, ALL TRACTS LOCATED IN THE A. TOMPKINS SURVEY, 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 IN THE 1800 BLOCK OF SOUTH BONNIE BRAE STREET (THE "PROPERTY 1NTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A MUNICIPAL STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OPFER TO OREN R. THOMAS AND RUTH A. THOMAS (COLLECTIVELY THE "OWNER"), TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE PRICE OF TWENTY THOUSAND SIX DOLLARS AND NO CENTS ($20,006.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas: 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 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 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 $20,006.00 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 malce expenditures in accordance with the terms of the Agreement. SECTION 4. The City Manager, or his designee, is directed, by certified ma.il, return receipt requested, to disclose to Owner any and a11 appraisal reports produced or acquired by the City relating specifically to the Owner's property and prepared in the 10 years preceding the date of the offer made by the Agreement. SECTION 5. The offer to Owner shall be made in accordance with all applicable law. SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 7. approval. PASSED AND APPROVED this the � day of This ordinance shall become effective immediately upon its passage and U : : _ ��: ATTEST: JElVNIFER WALTERS, CITY SECRETARY By: APP VED S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 2012. HS, MAYOR PAGE 1 OF 2 7B24 S. BONNIE BRAE JDNE3 FAMILY TRU9T�. VOL. 773, PG. 63 -D.R.D.C.T. EXHIBIT "A" - to Ordinance (Property Interests) ; � • ( �3 � D ¢ Ri = �� 'a w m �o p¢ ¢ �ii> .� °a" s o � � �� < � �'¢ `� ' �� V �� . � � � �a � �32 � 2% �� R=6800.60' T=32.09' L=64.19' Cb=N24 '05' 39"W Lc=64.i9' 1900 B. BONNIE BRAE BOINVESTHENT ELT�N � LOT i, BLOCK i, M 8 B METAL AOOITION, CAB, 0, P6. 362 P.R.U.C.T. 2315 WILLOWW000 ST. ELIZA T. SHOCKLEY INST. N0. 2005-74299 O.H.�.C.T. 'f� , POINT OF BEGINNING Q � � FNO IRON POST � • N89'59' 11"E �� W.. \.� . � •� .�T.,._. �; --- 1� . 3 ; ; m '\ � , m � . ^, � . �II fD ,`•; � If] Qt �-1 , m � `��; � N j Z � ` N^ � � � o� . .\ N �� •� �•. ♦ .� , ; si �i � , � .� .. ;� : � I� -- — --..� -- � _. . _ _ � I � . � � � I� , . � " I.R.• CAP i/2" I.R. /GAI CAP 1841 5. BONNIE BRAE LOT 1, BLOCK 1, OREN 6 RUTH THOMAS INST. N0. 95-0057929 �.R.D.C.T. tio�' OptiOo GQ'��" QG �� GPOQ � 0 . BA5I5 OF BEARING I5 NOFTH AMERICAN �ATUM NOTE: 5ET i/2" I.R. W/ GAI CAP TO OF 1983 (NA�-83) STATE PLANE COORDINATE BE SET AT END OF CONSTRUCTION. SYSTEM,. TEXAS NORTH CENTRAL. P18—ROW—i BEING A � 3,453 SQ.FT./0.08 ACRE RIGHT—OF—WAY DEDICATION I7 SITUATED IN THE A. TOMPKINS SURVEY ABSTRACT N0. 1246 �pAPHIC SCALE s-_�oo� ^ Graham Associates,lnc. DENTON COUNTY, TEXAS /(�2� CaNSULTINO ENGINEERS � PIaNNERS o so soo igo .\lrJl eoo s1x FLAOS oRIVE. su17E 600 �� ARUNOtiON, TE%119 70011 81 O�eC36 � �� -��o�/�� 01�-� DATE: SEPTEMBER 2011 J/Denton/PSB-ROW-! ✓ �, �� Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 1 S-ROW-1 LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION BEING a 0.08 acre tract of land situated in the A. Tompkins Survey, Abstract IVo. 1246, Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as recorded #n Cabinet M, Page 80, Plat Records, Denton County, Texas, and being conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95-0057929, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a found iron post, said point being the northwesf corner of said Lot 1, Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 200S-74299, Deed Records, Denton County, Texas, being a cornmon line; THENCE North 89°59'11" East, along said comrnon line, a distance of 19.21 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed east right-of- way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South 00°21'S7" West, leaving said common line, and along said proposed east right-of-way line, a distance of 175.29 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beginning of a non-tangent curve to the right having a radius of 6800.60 feet and a central angle of 0°32'27", and a long chord which bears North 24°OS'39" West, 6�.19 feet, said point bein�g in the north right-of-way line of the Gulf-Colorado and Santa Fe Railroad (having a variable width R.O.W.); THENCE along said north right-of-way line, and along said non-tangent curve to the right an arc distance of 64.19 feet to a point for corner, said point being in the existing right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 03°58'47" East, along said existing east right-of-way line, a distance of 116.97 feet to the POINT OF BEGINNING and CONTAINING 3,453 square feet, 0.08 acxes of land, more or less. 03-1s. ��« � � : � EXHIBIT "A" - to Ordinance (Property Interests) PAGE 1 OF 2 �y�� . �� . �,��' #�' l (�]� 1 ('� L � 997��y � Q Z� a �y p 9 o � s •r � � � � ti I ti � i .i i � w "4S f*�'�O Ji� �h� (� 0 zi O� Cy � �, , .; I� � � I� 1 , Ponv�r oF ' � CO N�NC�iG � � , � iB24 3. BONNIE BRAE � � JONES FAMILY TPUST i ,� �VOL. 773, PG. fi3 ' 7 �.R.U.C.T. i i � ' � � � � i � � � , �` � �. , . � � �= 0'09'3B" � � ; R=6B00.60' � - T=9.53' l 1�--; �;; L=19.06' � � Cp=N24 '26' 42"W , Lc=19.06' '� ' � ' 1900 S. BONNIE BRAE B�NNIE BRAE DENTON INVESTMENT. LTO M 6�BTME1'ALLA�DITION, CA6. D, PG. 362 p.R.O.C,T. � ; ti � ' ^I � � '� � � , � � � � , i� i i i i' i ! i � �---' _._ i � � � 4 I . �____ i '�,�4 1 � / � � � / � I/ � i i V � � F � W _' x �¢ FA y� �� H 3 O W Wm N �a O� a � ,i -` i�a.� 1:��t�?�d �rYB„��. �� '�w� s�,��k 2315 WILLOWWD00 ST. ELIZA T. SHDCKLEY INST. N0. 2005-74299 59'11"E o.R.o.c,T. 1, 21' POINT OF BEGINNING �r. �rr. � � � u r � �sli� __. 3 I� - 117 � a-� . N N . � o <+ 0 � 1841 5. BONNIE BRAE LOT 1, BLOCK 1, OREN 6 RUTH 7HOMAS INST. N0. 95-0057929 O.R.D.C.T. .�o�' � Op'�$o GQ'��" eG � y��GP�Q P � . BASIS OF 6EARING IS NORTH AMERTCAN OATUM DF 1983 (NA�-83) STATE PLANE C�ORDINATE P 1 S— USE — 1 SYSTEM. TEXAS NORTH CENTRAL. BEING A 1,472 5Q.FT./0.03 ACRE UTILITY & SLOPE EASEMENT SITUATED �N THE A. TOMPKINS SURVEY ABSTRACT N0. 1246 DENTON COUNTY, TEXAS � Graham Associates,lnc. CONSULTING ENGINEERS R PLANNERS eoo' ax Fuos owv�. sin� aoo ARIJNOTCSN, 7E%AS 76QI7 (01 OI�E63.f' � THF+E FlRLk F-H91/iBPLS FI� 107E36-00 n GRAPHIC SCALE i'-100' 0 50 100 150 DATE: SEPTEMBER 2011 �/uencon�rin-uat-i � i � EXffiBIT "A" - to Ordinance (Property Interests) Page 2 of 2 PARCEL 18-USE-1 LEGAL DESCRIPTION UTILITY & SLOPE EASEMENT BEING a 0.03 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95-0057929, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found iron post, said point being the northwest corner of said Lot 1, Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas, being a common line; THENCE North 89°59'11" East, along said common line, a distance of 19.21 feet to point for the POINT OF BEGINNING, said poxnt being in the proposed east right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 89°59'11" East, continuing along said common line, a distance of 8.00 feet to a point for corner; THENCE South 00°21'S7" West, leaving said common line, a distance of 192.65 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 6800.60 feet arid a central angle of 0°09'38", and a long chord which bears North 24°26'42" West, 19.06 feet, said�point being in the north right-of-way line of the Gulf- Colorado and Santa Fe Railroad (having a variable width R.O.W.); THENCE along said north right-of-way line and along said non-tangent curve to the right an arc distance of 19.06 feet to a point for corner, said point being in the proposed east right-of-way line �f said Bonnie Brae Street; THENCE North 00°21'S7" East, along said proposed east right-of-way line, a distance of 175.29 feet to the POINT OF BEGINNING and CONTAINING 1,472 square feet, 0.03 acres of land, more or less. rr�-�� ;�,. ` EXHIBIT "A" - to Ordinance (Property Interests) f. PAGE 1 OF 2 � � SB24 9. BONNIE BRAE JONE5 FAMILY TRUST YOL. 773, PG. 63 D.R,D.C.T. A= 0'11'5B" R=6600.60' fi�� \ f� Ly O y �� Y � O Y�d � o� � • 2 9 � i',� � � � � � � � � I � ti , � � � �. � z i �o i ¢ i �� o Fa z W � �a i i°, q'' W¢ WiF a� � O �� a � �'4 S-� � �K I � � i � � ti � ti � ? ' I � � � � i POINT 0 � CO�NG� FNU IRON � i i � N00 '21 ' 57"E-; 53.55' � � � i � � � � � , �� ; T=11.84' 1 `—� � L=23 . 67 ' " �•" ~ Cb=N24'37'30"W ; , Lc=23.67' � ; 1900 5. BONNIE BRAE BONNIE BRAE OENTON INVESTMENT, LTO LOT S. BLOCK S M 6�_B METAL AODITION, CAB. 0, PG. 362 P.R.D.C.T. � , , '`� ~ 1 , y —1 �J i � , �� ' � � � � � N i i , i � � i i i \ .- - _ �.- J i � � ✓ 4 � �----" "� `� � � / � ' / I/ � 'i i I '�� x� �� _�� "�,�' `�,,�y�r 23]5 NILLOWWOOD ST. ELIZA T. SHOCKLEY INST. N0. 20D5-74299 O.R.D.C.T. li"E 1' o�lll� ___ INm �G�a i� � POINT �F � BEGINNING � S89'38'03"E ,,� 10. 00' )'21'57"W 75.00' 1841 5. BONNIE BRAE LOT 1, BLOCK 1, OREN 6 RUTH 7HOMAS INST. N0. 95-0057929 D.F.D.C.T. ��o�. opS.Oo � GP�� QG � O' 5��'P0Q P ANE COOROINATE p 1 8— SE — 1 AL. BEING A 643 SQ.FT./0.01 ACRE 5LOPE EASEMENT SITUATED IN THE A. TOMPHINS SURVEY ABSTRACT N0. 1246 DENTON COUNTY, TEXAS � ^ Grahqm Associates,lnc. ((�{ CONSULTIN(i ENGINEERS � PLANNERS <wJ ueuN ��oN,�� °Sem�i �('e�7��eno-�aus TBPE fIRM: F-71Y1/iBPlB F'IRMt 1013.'7�00 n GRAPHIC SCALE 1'-l00' o so �oo sso DATE: SEPTEMBER 2011 J/�enton/P18-SE-1 � � Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) � PARCEL 18-5E-1 LEGAL DESCRIPTION SLOPE EASEMENT BEING a 0.01 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page S0, Plat Records, Denton County, Texas, and being conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95-0057929, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found iron post, said point being the northwest corner of said Lot 1, Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instiument No. 2005-74299, Deed Records, Denton County, Texas, being a common line; THENCE North 89°59'11" East, along said common line, a distance of 27.21 feet to point; THENCE South 00°21'S7" West, leaving said common line, a distance of 139.10 feet to a point for the POINT OF BEGINNING; THENCE South 89°38'03" East, a distance of 10.00 feet to a point for corner THENCE South 00°21'S7" West, a distance of 75.00 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 6800.60 feet and a central angle of 0°11'S8", and a long chord which bears North 24°37'30" West, 23.67 feet, said point being in the north right-of-way line of the Gulf-Colorado and Santa Fe Railroad (having a variable width R.O.W.); TH�NCE along. said north right-of-way line, and along said non-tangent curve to the right an arc distance of 23.67 feet to a point for corner; THENCE North 00°21'S7" East, leaving said north right-of-way line, a distance of 53.55 feet to the POINT OF BEGINNING and CONTAINING b43 square feet, 0.01 acres of land, more or less. y'_ �: '` EXHIBIT "A" - to Ordinance (Property Interests) I I PAGE 1 OF 2 � �� "�y. 3 �r Q �. �� SB24 S. BONNIE 6PAE JDNES FAMILY TRU9T VOL. 773, PG. 63 o.a:o.c.T. 1900 S. BONNIE BRAE BO�NIE BRAE OEN70N NVESTMENT. LTD OT !, BLOCK 1. M 6� B METAL ADDITION. CAB. 0, P�: 362 P.R.O.C,T. \ \ �� i n Ly � y,.� "� � TD m° Z� � OA A S 9 y o � i � � ;I � ; � ; 1 H � i i � � . 0 i ¢ � W� F�,` � o � ; w E"i": O J �3 � � ,a Q � �¢ Wa W�� L o R' �� a o� wq c�� < �v ti ti ti I � i ponv�r oF ` CO�NC�$NG ' FND IRON �57 fy" i �' � � , N00'21'57"E , ., ' 56.93' ; ; � � ; � � 4 i I � ` ! i � ; � � � � ,�-� � �1 � } �_� .� � � ti �� , � , � � . : �.�, �Y ti ^\ �M � 1 �J i �� I �> 1 '� � � � ; i � � i � .� � i 'II v� � .�at a ts� ° �b�� a ��. ��g°�� .�,.'3 � 2355 WILLOWW000 ST. ELIZA T. SHOCHLEY INST. N0. 2005-74299 O.R.O.C.T. N89'59'11"E 27.21' POINT OF ` BEGYNNING .�r.r. �rr. � • � nc --'�� -'"��500'21'57"W 57.00' —N89'38'03"W 10.00' 1841 5. BONNIE BRAE LOT 1, BLDCK 1, OREN & RUTH THOMAS INST. N0. 95-0057929 D.R.D.C.T. �1��. P�pS�O GP�� QG :� . O� S��LPOQ Q. a � i . ii — — — — - -�—.,,,, � , � i ; � � I i � =�, '� � , � � BASIS OF BEARING I5 NORTH AMERICAN �ATUM OF 1983 (NA�-83) STATE PLANE COOROINATE P 1 8— TCE — 1 SYSTEM, TEXAS NORTH CENTRAL.. BEING A 570 SQ.FT./0.01 ACRE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE A. TOMPHINS SURVEY ABSTRA,CT N0. 124fi DENTON COUNTY; TEXAS G�qham Associates,lnc. CONSULTING ENGINEERS � PLANNERS eoo ax Fuas oav�` s�n� aoo � r°TONi�e F-�++w �� i�� eae-�oo n GRAPHiC SCALE f'�100' o so �oo �ao DATE: SEPTEMBER 2011 J/�enton/P18-TCE-1 � _� ,r... ....,, ,: ,:... . _ . . , , 4 EXHIBIT "A" - to Ordinance (Property Interests) •r' Page 2 of 2 PARCEL 18-TCE-1 LEGAL DESCRIPTION TEMPORA.RY CONSTRUCTION EASEMENT BEING a 0.01 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95-0057929, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds �s follows: COMMENCING at a found iron post, said point being the northwest corner of said Lot 1, Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas, being a common line; . THENCE North 89°59'11" East, along said common line, a distance of 27.21 feet to point for the POINT OF BEGINNING; THENCE North 89°59'11" East, continuing along said common line, a distance of 10.00 feet to a point for corner; THENCE South 00°21'S7" West, leaving said common line, a distance of 57.00 feet to a point for corner; THENCE North 89°38'03" West, a distance of 10.00 feet to a point for corner; THENCE North 00°21'S7" East, a distance of 56.93 feet to the POINT OF BEGINNING and CONTAINING 570 square feet, 0.01 acres of land, more or less. OJ�� G�•` PURCHASE AGREEMENT NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOV�, 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 T C �% , 2012, but effective as of the date provided below, between Oren R. Thomas an Ruth A. Thomas (collectively referred to herein as "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, Oren R. Thomas and Ruth A. Thomas are the Owner of a tract of land (the "Land") in the A. Tompkins Survey, Abstract Number 1246, being affected by the public improvement project called the Bonnie Brae Road Widening and Improvements Project ("Project"); and WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii) easements in, along, over, upon, under and across, a portion of the Land, each related to the Project; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary real property interests for the Project; NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acicnowledged, 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 E�ibit "A" to that certain Special Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Slope Easement (herein so called), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to that certain Utility and Slope Easement (the "Utility and Slope Easement Lands"), attached hereto as Attachment 2 and made a part hereof, for utility and slope purposes, as more particularly described therein; (iii) a Slope Easement (herein so called), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to that certain Slope Easement (the "Slope Easement Lands"), attached hereto as Attachment 3 and made a part hereof, for slope purposes, as more particularly described therein; and (iv) a Temporary Construction, Grading and Access Easement (the "Temporary Easement"), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to that certain Temporary Construction, Grading and Access Easement (the "Temporary Easement Lands"), attached hereto as Attachment 4 and made a part hereof, for temporary construction, grading and access purposes, as more particularly described therein (the Utility and Slope Easement Lands, the Slope Easement Lands and the Temporary Easement Lands are collectively referred to herein as the "Easement Lands"). The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 1"; (ii) the Utility and Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment 2; (iii) the Slope Easement shall be in the form and upon the terms as attached hereto 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 Slope Easement and the Temporary Easement are collectively referred to herein as the "Easements") (the Fee Lands and the Easements are collectively referred to herein as the "Property"). B. Owner, subject to the limitation of such reservation made herein, sha11 reserve, for themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and 2 under and that may be produced from the Fee Lands. Owner, their heirs, devisees, 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, tanlcs 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 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 and the covenants contained herein, the City shall pay to Owner at Closing the sum of Twenty Thousand Six and No/100 Dollars ($20,006.00). 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 sha11 be reconstructed in a workmanlilce 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 worlc prescribed in this Section 3 is herein referred to as the "Driveway Worlc". 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; ar(ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and City shall have no further obligations under this Agreement. 5. Owner stipulates that the Total Monetary Compensation payment and the Driveway Worlc constitute and include all compensation due Owner by City related to the Project, including without limitation, any damage to or diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project, value of, damage to and/or costs of repair, replacement and/or relocation of any improvements, garages, turf, landscape, vegetation, or any other structure or facility of any lcind 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 a11 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 Tota1 Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which Closing sha11 occur is lcnown. The result of such proration is that the Owner shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior yeaxs 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 1N DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 11. From and after the Effective Date of this Agreement, through and including the Closing Date, Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; (ii) enter into any Agreernent 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: � C��`.iI�I�1Cil Oren R. Thomas and Ruth A. Thomas 1841 S. Bonnie Brae Denton, Texas 76207 Phone: Telecopy: Copies to: For Owner: Telecopy: CITY: City of Denton Paul Williamson Rea1 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 talce any actions that are to be, or may be, talcen 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. � CITY OF DENTON, TEXAS 1 By: � �- GEORGE C. CAMPBELL, CITY MANAGER Date: .TGC� l � 7 , 2012 ATTEST: JENNIFER WALTERS, CITY SECRETARY : Dat APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: e Date: �'' �`� �� , 2012 1 �I� ' OREN R. THOMAS RUTH A. THOMAS 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 OREN R. THOMAS and RUTH A. THOMAS (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 GR.ANTED, 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 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" sha11 include oil, gas and all associated hydrocarbons and shall exclude (i) all substances (except oil and gas) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. 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 otherwise. Page 2 of 4 EXECUTED the day of , 2012. OREN R. THOMAS RUTH A. THOMAS ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acicnowledged before me on 2012, by Oren R. Thomas. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on 2012, by Ruth A. Thomas. 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 DF 2 � \ 1824 S. BONNIE BRAE JONES FAMILY TRU9i . VOL. 773, P0. 63 O.p.0.C.7. �� y9 � 9 �� s�, x � � 9 v � �� J � �=�+0/'�32�'+27" R°U81JO . UO � T=32.09' L=64.19' Cb°N24 '05' 39"W Lcm64.19' 1900 6. BONNIE BqAE BONNIE BRAE DENTON INVE9TMENT, LT� LOT 1, 6LOCK i, M�6 B METAL ADOITION, CAB. 0, P0. 3B2 ' P.R.O.C.T. , � • I , �z , �o s PA = r P�7 � H x w �3 (A m O p Q �¢ �a �• O� o p' �3 a � wm < . �¢ � � EXHIBIT "A" - Page 1 of 2 23i5 WILIOWWD00 6T. ELIZA T. 9HOCKLEY INST. N0. 2006-74299 D.R.D.C.T. ; I ; POINT OF HTGINNING FNO IRON POS7 • N89'59' 11"E c �.� . , W , -...j''T.��_. ��` f�.� 3-.� i' ��\ ' l[N7 (O .`� \ 1 ] Ql : • �„� � •� , m� �� cu � O \ '� N LL7 i Z � ' ^ � O ti �' . \; , � �� . •" 5 ' , $� 1 � - � �� , ,� : '� , � I� - - -- -- ' \ � � -. . - � � � I . . � 11 CAPR " I.R. CAP iB41 S. BONNIE BRAE LOT 1, BLOCK 1, OREN & RUTH THOMAS INST. N0. 95-0057929 D.R.D.C.T. ��o�, P�� GQ'��" eG �� GPOQ P � . BASIS OF BEARING IS NORTH AMERICAN DATUM NOTE: SET 1/2" I.R. W/ GAI CAP TO OF 1983 (NAD-83) STATE PLANE COOROINATE BE SET AT END OF CONSTRUCTION. SYSTEM, TEXAS NORTH CENTRAL, p 1 8— ROW— 1 HEING A � 3,453 SQ.FT./0.08 ACRE RIGHT—OF—WAY DEDICATION I7 SITUATED IN THE A. TOMPKINS SURVEY ABSTRACT NO• �� OpAPHIC 9CALE s�_10D� �Graham Associates inc. DENTON COUNTY, TEXAS CONSULTINO ENOINEERS A� PU�NNERS o 50 �oo i5o eoa ax Fuas owvE. sui� eoo � �� e� �a� �� DATE: SEPTEMBER 2011 J/Denton/PiB–ROW-1 r'�„�,',��rP e F�4,�i., i r,+.,;,. ,�i,,, ..,.,., . ,_.; ....: : . � .. . . . . , ,. . . . .� • EXHIBIT "A" - Page 2 of 2 Page 2 of 2 PARCEL 18-ROW-1 LEGAL DESCRIPTION RIGHT-OF-WAY DEDICATION BEING a 0.08 acre tract o£ land situated in the A. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95-0057929, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a found iron post, said point being the northwesf corner of said Lot 1, Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas, being a common line; THENCE North 89°59'11" East, along said common line, a distance of 19.21 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed east right-of- way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE 5outk� 00°21'S7" West, leaving said common line, and along said proposed east right-of-way line, a distance of 175.29 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beginning of a non-tangent curve to the right having a radius of 6800.60 feet and a central angle of 0°32'27", and a long chord which bears North 24°OS'39" West, 64.19 feet, said point being in the north right-of-way line of the Gulf-Colorado and Santa Fe Railroad (having a variable width R.O.W.); THENCE along said north right-of-way line, and along said non-tangent curve to the right an arc distance of 64.19 feet to a point for corner, said point being in the existing right-of-way line of Bonnie Brae Street (having a vaxiable width R.O.W.); THENCE North 03°58'4'1" East, along said existing east right-of-way line, a distance of 116.97 feet to the POINT OF BEGINNING and CONTAINING 3,453 square feet, 0.08 acres of land, more or less. 03-1s. ��` ATTACHMENT 2 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. UTILITY AND SLOPE EASEMENT THE STATE OF TEXAS . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Oren R. Thomas and Ruth A. Thomas (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, receipt and sufficiency of which is hereby acicnowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GR.ANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas, 215 E. McKinney, Denton, Texas 76201 ("Grantee") a perpetual utility and slope easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the A. Tompkins Survey, Abstract Number 1246, to wit: PROPERTY DESCRIBED IN EXIIIBIT "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 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 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 malce 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. 2 Grantor: Oren R. Thomas Ruth A. Thomas ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on Oren R. Thomas. 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 Ruth A. Thomas. 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- ). : Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson � , .:� ... ,., . _ �. , EXHIBIT "A" - Page 1 of 2 � '. PAGE 1 OF 2 �,� , �o �� o s� a� y a�i�' �� p� �� e�� ,. \ � 1824 5. BONNIE BRAE \ � �VDLS 773ILPG?R63T D.R.D.C.T. A= 0'09'3B" Ra6800.60' T=9.53' L=19.Q6' CbmN24'26' 42"W Lc=19.06' 1900 5. BONNIE BRAE . BtlNNIE BRAE OENTON �TNVESTMENT, LTD LOT 1, BLOCK i, M 6 8 ME7AL ADDITION, CAB. 0, PG. 362 p.R.D.C.T. ' � � i i I ti i i 4 ' � 1 � i � 3 � �o �� 0 �w °w� ; �� , � � ' �; � , ' ,� � ,I � , ;'� Y ; 4 � I l � W W a � 3 �c] O C ¢ a {� _ H �� .+ x zW �a H Q Q °a> a° a POINT OF DMMENC�NG - FND IRON PAST ��'- � i� i• i ti i y i i i � i i � 4 � � � ' �` � �. � � � , � � ; � � � \ � ; � � �~ � � _� . � , � � , ; ' � : 'n, � � � ^I �J i' � ' � � � ' � � � ;N ; i � � . � \�--' �_.� ' ! � i. � � ` � � u �-� i I � ' ` � � � � � "�, � � � � , . ,�Yc,�».F �.a'S , $y �,,R.. s�y` y�• �� 2315 WILLOWW00� ST. ELIZA T. SHOCKLEY IN57. N0. 2005-74299 li"E o.a.o.�.r. i' POINT OF BEGINNING �.. .r.� � � � u r r�J.�I.�J...�. 3 �� s-� • N� o �+ 0 � 1841 S. BONNIE BRAE LOT 1, BLOCK 1, OREN 6 RUTH THOMAS INST. N0, 95-0057929 D.R.D.C.T. ��. P��S�� GQ`��" eG � 5��'P0Q P o 8A5IS OF �EARING IS NORTH AMERICAN DATUM TT �r OF 1993 (NA��B3) STATE PLANE COOR�INATE p 18— V �.7E-1 SYSTEM. TEXAS NORTH CENTRAL. BEING A 1,472 SQ.FT./0.03 ACRE UTILITY & SLOPE EASEMENT SITUATED IN THE A. TOMPKINS SURVEY ABSTRACT N0. 1246 DENTON COUNTY, TEXAS 6RAPHIC 9CALE s•-ioo� 0 50 100 150 Graham Associates,lnc. CONSULTING ENGINEERS k PLANNERS 60d' �SIX FLA65 DRIVE. SUI7E 60G ARUNO'TON. 1E%AS 70011 I01» 6�G-0635 78PE FlRIk F-11G1/7BPLS FlR1,�.70153l-00 n DATE: SEPTEMBER 2011 J/UBl1LOf1/ Yltl-U5t-1 , , , EXHIBIT ��A�� - Page 2 of 2 Page 2 of 2 PARCEL 18-USE-1 LEGAL DESCRIPTION UTILITY & SLOPE EASEMENT BEING a 0.03 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95-0057929, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found iron post, said point being the northwest corner of said Lot 1, Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas, being a common line; THENCE North 89°$9'11" East, along said comrnon line, a distance of 19.21 feet to point for the POINT OF BEGINNING, said point being in the proposed east right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 89°59'11" East, continuing along.said common line, a distance of 8.00 feet to a point for corner; THEIVCE South 00°21'S7" West, leaving said common line, a distance of 192.65 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 6800.60 feet and a central angle of 0°09'38", and a long chord which bears North 24°26'42" West, 19.06 feet, said�point being in the north right-of-way line of the Gulf- Colorado and Santa Fe Railroad (having a variable width R.O.W.); THENCE along said north right-of-way line and along said non-tangent curve to the right an arc distance of 19.06 feet to a point for corner, said point being in the proposed east right-of-way line of said Bonnie Brae Street; THENCE North 00°21'S7" East, along said proposed east right-of-way line, a distance of 175.29 feet to the POINT OF BEGINNING and CONTAINING 1,472 square feet, 0.03 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. THE STATE OF TEXAS COUNTY OF DENTON SLOPE EASEMENT § § KNOW ALL MEN BY THESE PRESENTS: § THAT Oren R. Thomas and Ruth A. Thomas (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, 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, 215 E. McKinney, Denton, Texas 76201 ("Grantee") a perpetual slope easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the A. Tompkins Survey, Abstract Number 1246, to wit: PROPERTY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining lateral slope in, along, upon, under, over and across said Property, including without limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, worlcmen and representatives, for the purposes set forth herein, including without 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 lcind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any lcind, 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 Crrantee 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: Oren R. Thomas Ruth A. Thomas ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on Oren R. Thomas. 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 Ruth A. Thomas. 2012, by Notary Public, in and for the State of Texas My Commission Expires: 3 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 � �•. ,;, . , ., : ._ . .. ,. , „ . . . EXHIBIT "A" - Page 1 of 2 PAGE 1 DF 2 �,�� \ \ iB24 S. BONNIE BRAE JONES FAMILV TRUST VOL. 773, PG. 63 - O.R.D.C.T. A= 0'11'58" Ra6800.60' � � � ��'�� - � o �� . 9� o � .� J � � � � � � � � I ti � � i i 4 � 1 i l �i �i �_ , �o ¢ �� 3 0 . w�m w. ; �� i i i ` � � � � � ti 1 y � I 1 � � � � S �Y i POINT OF CO�NC�TG ' FNO TRON 5T i i � 't i i � � ti i � � , � ' N00'21' 57"E 4 � 53.55' ` ; � , � � _. , � , �� { T�11.84' � `—� y L=23.67' Cp=N24'37'30"W �� , Lc=23.67' � ; BONNIE 6RAENDENTONE INVESTMENT. LTD LOT 1, 6LOCK 1, M 6�B METAL ADDITION, �AB. 0. PG. 362 P.R.O.C.T. ; '`w ~ � �'-i � ,r ' � �� ¢ � �� i i i i i ' i i i / i ' \.__..... - i i a 4 � ' — —�� \ � 1 � � � i / ' � � I / '� � � � � � E �3 � ¢ Ri x �- �� M x w �Q �� °a a � t ��yarL�„� ��'� � ;�,�. � �� 2315 WILLOWW000 5T. ELIZA T. SHOCKLEY INST. N0. 2005-74299 O.R.U.C.T. i9']1"E .21' � I3 �j�j.o�lll�_ __ .y I.r • N07 IN~ � POINT OF �BEGINNING ��S89'38' 03"E �, 10.00' '21'57"W 5.00' 1841 S. BONNIE BRAE LOT 1. BLOCK 1, �REN & RU7H THOMAS INST. N0. 95-0057929 D.R.D.C.T. ��o�a. �pti�o GP�� QG :� . O' S��GP�Q P D�B3) STATE PLANE COORDINATE I P 1 S— S E— 1 AS NDRTH CENTRAL. BEING A 643 SQ.FT./0.01 ACRE SLOPE EASEMENT STTUATED IN THE A. TOMPKINS SURVEY ABSTRACT N0. 1246 5 � n DENTON COUNTY, TEXA GRAPHIC SCALE s•-soo� Graham Associates,inc. CONSULTIN6 ENGINEERS � PLANNERS o 50 ��0 �50 eoa s�x Fu►os owve. s�n� aoo � � � �� +��-� DATE: SEPTEMBER 2011 J/Denton/P1B-SE-S s Page 2 of 2 PARCEL 18-5E-1 LEGAL DESCRIPTION SLOPE EASEMENT EXHIBIT "A" - Page 2 of 2 rJ BEING a 0.01 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being conveyed by deed to Oren and Ruth Thomas, as recorded in Instrument No. 95-0057929, Deed Records, Denton County, Texas, and being mare particularly described by metes and bounds as follows: COMMBNCING at a found iron post, said point being the northwest corner of said Lot 1, Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instrument No. 2005-74299, Deed Records, Denton County, Texas, being a commor� line; THENCE North 89°59'11" East, along said common line, a distance of 27.21 feet to point; THENCE South 00°21'S7" West, leaving said common line, a distance of 139.10 feet to a point for the POINT OF BEGINNING; THENCE South 89°38'03" East, a distance of 10.00 feet to a point for corner THENCE South 00°21'S7" West, a distance of 75.00 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 6800.60 feet and a central angle of 0°11'S8", and a long chord which hears North 24°37'30" West, 23.67 feet, said point being in the north right-of-way line of the Gulf-Colorado and Santa Fe Railroad (having a variable width R.O.W.); THENCE along said north right-of-way line, and along said non-tangent curve to the right an arc distance of 23.67 feet to a point for corner; � THENCE North 00°21'S7" East, leaving said north right-of-way line, a distance of 53.55 feet to the POINT OF BEGINNING and CONTAINING 643 square feet, 0.01 acres of land, more or less. 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 § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT Oren R. Thomas and Ruth A. Thomas (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, 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, 215 E. McKinney, Denton, Texas 76201 ("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. Tomplcins 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 sha11 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: Oren R. Thomas Ruth A. Thomas ACKNOWLEDGMENT THE STATE OF § COUNTY OF § This instrument was acknowledged before me on R. Thomas. 2012, by Oren Notary Public, in and for the State of Texas My Commission Expires: 2 THE STATE OF COUNTY OF �� ACKNOWLEDGMENT This instrument was acknowledged before me on A. Thomas. Notary Public, in and for the State of Texas My Commission Expires: Accepted this day of Texas (Ordinance No. 2012-�. : Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 3 2012, by Ruth 2012, for the City of Denton, f_ . , .,. , , _ _ . , ; EXffiBIT "A" - Page 1 of 2 ��. . PAGE 1 OF 2 ��. \ � 1824 S. BONNIE BRAE JONES FAMILY TRUBT VOL. 7i3, PG. 63 o.a:o.c.T. 1900 S. 60NNIE BRAE BU�NIE BpAE DENTON NYESTMENT, LTD OT !, BL�CK !, M 6�B METAL AODITION. CAB. D, P0. 362 P.R.[1.C,T. (�f� 1 � �� s�, � O� �2 9 � o �.� J � ' � � � � � I ti ti � Ew � W � � �i � W o � � a¢ i W= r- 0 � �i rn W y2 (� a � o Q t+ i¢ � � Qi�� p�?.. a o �3 a , o� I � �� Q 1 � i � 'i � ti ti ' ti � � � I � � � � 4 � l � POINT F CO�NC�NG � FND IRON ST i i'� � , N00'2!'57"E , ., 56.93' ; ; � � , ; � ; �; � , ; � , � , � , ,�� , \ —'� � � � i ` �—�; ti � � 5 �� i i � i � � i � i i• ti ` y s ti� 1� j ' �� , �� i i N ; i � � , i � i � i \-•...:� --� � . i � � I I i � IIII d��s. �jf��A��k d '�'r" k1a�. ��Ry �� s�� .� F„ 2315 WILLONW000 5T. ELIZA T. SHOCKLEY INST. N0. 2005-74299 O.R.D.C.T. 3'59'11"E 27.21' . POIIVT OF BEGINNiNG .�..•r�� nr �-°- S00 '21 ' 57 " W 57.00' 9'38'03"W so.00� 1841 5. BONNIE BRAE LOT 1, BLOCK i, OREN & RUTH 7HOMA5 INS7. N0. 95-0057929 D.R.D.C.T. ��0�. P�ps00 GP�� QG � O��GPeQ P o .../ t ' . � L /---"-- -r^.�_� ti � / � i / i i i �� 1 i � BASIS OF BEARING I5 NORTH AMERICAN �ATUM OF 1983 (NAD-83) STATE PLANE CODROINATE P 1 8— TCE — 1 SYST�M, TEXAS NORTH CENTRAL.. BEING A 570 SQ.FT./0.01 ACRE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE A. TOMPKINS SURVEY ABSTRA,CT N0. 1246 DENTON COUNTY; TEXAS CG.ONSULaTINO ENGINEE S� �t PL�NNERS eoo ax ru�s orave. �� eoo u�uNCm+. �ctis �eo+t (e�� e�o-eaas lePE FIR�k F-11Y1/1BPLS F1NAh totsle-00 n � GRAPHIC SCALE S'-100' I 0 50 �00 950 DATE: SEPTEMBER 2011 J/Denton/PSB-TCE-1 .F�. • n� _� ,,.��..,. �. ,rt ....,. ,., ��., ... . -,. ..... .., .. . . ,. . . . .. . � . . . . . ...>.... ... , ., ,. f..., ..�,��.: � . , �. �. r �. . --. : ' . , EXHIBIT "A" - Page 2 of 2 4 Page 2 of 2 PARCEL 18-TCE-1 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 0.01 acre tract of land situated in the A. Tompkins Survey, Abstract No. 1246, Denton County, Texas, being a portion of. Lot 1, Block 1, Sweet Creek Addition, as recorded in Cabinet M, Page 80, Plat Records, Denton County, Texas, and being conveyed by deed to Oren and Ruth Thomas, as recorded in Instnunent No. 95-0057929, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds �s follows: COMMENCING at a found iron post, said point being the northwest corner of said Lot 1, Block 1, and being in the south line of a tract of land conveyed to Eliza T. Shockley as recorded in Instiwnent No. 2005-74299, Deed Records, Denton County, Texas, being a common line; . THENCE North 89°59'11" East, along said common line, a distance of 27.21 feet to point for the POINT OF BEGINNING; THENCE North 89°59'11" East, continuing along said common line, a distance of 10.00 feet to a point for corner; THENCE South 00°21'S7" West, leaving said common line, a dista�ce of 57.00 feet to a point for corner; THENCE North 89°38'03" West, a distance of 10.00 feet to a point for corner; THENCE North 00°21'S7" East, a distance of 56.93 feet to the POINT OF BEGINNING and CONTAINING 570 square feet, 0.01 acres of land, more or less. 03-� � G"`� CiTY � 4F DENT4N Utilfty and CIP Engineering �w�� A�� , � �"�r,� � ��-�`; �,�. ��.n� ��c��'�� 901-A Te�s Street Denton, Texas 76209 (940} 349-8910 fax {940} 349-895I Via Certi�ed Mail RRR# 7408 I 14Q 0043 0696 9Q5� & Regular U.S. Mail July 9, 20I3 Oren R. Thomas 1841 S. $onnie Brae Denton, Texas 76207 Re: Purchase Agreement (herein so called}, dated effective September 12, 2012, by and bei-Ween the City of Denton, Texas {"City"} and �ren R. Thomas and Ruth ,A.. Thomas ("�wner"}/Real �roperty Interests {"Property Intexests"} located in tlie A. Tompkins Su.rvey, Abstract No. 1246, as mare partic�l.a�rly described in the Purchase Agreement Dear Mr. T1�amas: The review of the �itle of the subject Property Interesis indicate thai the subject Froperty Intexests are burdenec� by severai. Encum�sranees, as defined in the Purclaase A�reement, including without �amitation a Federal Tax lien, z�esoluiion of ad valarezx�, taxes and a lendex lien. We hav� informed you o€these Enczunbrances, but such Encumbrances have not been removed ox cuxed. In accorda�nce with 5ection 4 of the Purctxase Agreement, the Czty hereby exercises its option to ternunate the Purchase Agreement, pursuant to tEais not�ce in writing to you. If you �iave aaay questions or cornxnents concerning -ihi,s matter, please do not hesitate to contact the undersigned. S�incerely, �... � �,r ,-.. Franlc G. Payne, P.E. � City Engineer cc: Pevl Williamson, Rea3 Estate & Capitel Support Manager �. mµ �.,, —� �, � . �. w � �m:��r� �r i �� DENT�N Ulility and CIP Engisreering �� , � ,�� F �� „�:� �h,.. ,� ,�� teaw �Jti�� 9QI-A Texas Sireet Denton, Texas 76204 (940) 349-8910 fax {94Q) 349-8951 Via Certified Mail RRR# 7008 1140 00�3 ab96 9044 & Regular U.S.1VTai1 . 7uly 9, 2013 Ruth A. Thamas 184I S. Boz�ie Brae Denton, Texas 76207 Re: Purchase Agreement (herein so called), dated e££ective September 12, 2012, by an.d � between �e City of Dentan, �Texas ("City"} and Oren R. Thomas a�d k2uth A. Thomas {"Ovvner")/Real Praperty �nierests {"Prapert� Interests") located in tlie A. Tompkins Survey, Abstract No. 1246, as more particularly described in the Purchase Agreement Dear Ms. Thomas: The review of t1�e title of thE subject Properry Interests indicate that the subject Property Interests are burdened by seve�ral Encumbrances, as defin.ed in the P�archase Agreernent, incIuding without limitatxan a Federal Tax lien, resolution of ad valorem taxes and a Iender lien. We have informed you af these Encuznhrances, hut snch Encumbrances h.a�e not been removed or cured. In accordance with Sectian 4 of the Purciaase Agreement, tl�e City hereby exercises xts option to ternunate the Purchase Agxeemerit, pursuant to f.hi.s notice in writing to you. If you have any questioa�s or camments concerning this �natter, please do not hesitate to conta.ct the uxxdersigned. ��car �� :� , ,. �""'" Frank G. �ayz�e, l'.E. ''" City Engineer � cc; Paul 'Williamson, Iteal Estafa & CapiYai Support Manager