2012-167s:llegallour documentslordinances1121tunnell ordinance.doc
ORDINANCE NO. 2� 12-167
AN ORDINANCE AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT
(HEREIN SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS
EXHIBIT "A", BY AND BETWEEN JEAN M.G. TUNNELL, FORMERLY KNOWN AS
JEAN M. GOODSON, AS OWNER, AND THE CITY OF DENTON, TEXAS, AS BUYER,
REGARDING THE SALE AND PURCHASE OF (I) FEE SIMPLE TO A 0.08 ACRE TRACT;
(II) A UTILITY AND DR.AINAGE EASEMENT ENCUMBERING A 0.04 ACRE TRACT;
AND (III) A DRAINAGE EASEMENT ENCUMBERING A 0.27 ACRE TRACT, ALL
SITUATED IN THE O.S. BREWSTER SURVEY, ABSTR.ACT NUMBER 56, CITY OF
DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON
EXHIBIT "A" TO THE PURCHASE AGREEMENT, LOCATED GENERALLY 1N THE 2200
BLOCK OF SOUTH BONNIE BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE
PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A
MUNICIPAL STREET AND ROADWAY, FOR THE PURCHASE PRICE OF THREE
THOUSAND N1NE HUNDRED SEVENTEEN DOLLARS AND NO CENTS ($3,917.00),
AND OTHER CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") made an Initial Offer to the Owner to purchase
the Property Interests, pursuant to Ordinance No. 2012-093, passed and approved by the City
Council of the City of Denton on May 1, 2012;
WHEREAS, one of the owners to which the Initial Offer was made conveyed her interest
in the Property Interests prior to the City making of the Initial Offer;
WHEREAS, Owner has agreed to the terms of the Purchase Agreement, as evidenced by
her execution thereof, and same is acceptable to the City and in the best interest of the citizens of
the City; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council finds that a public use and necessity exists, and that the
public welfare and convenience require, the acquisition of the Property Interests by the City of
Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition
of the Property Interests is necessary for public use to provide street and roadway expansion and
improvements to serve the public and the citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized to (a) execute for
and on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A", with a purchase price of $3,917.00
and other consideration, plus costs and expenses, all as prescribed in the Purchase Agreement;
and (ii) any other documents necessary for closing the transaction contemplated by the Purchase
Agreement; and (b) to malce expenditures in accordance with the terms of the Purchase
Agreement.
SECTION 3. 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 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ��� day of , 2012.
�j' w
MA A. iJRR �T HS, AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
f
By. �-`-�
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: - e �
EXHIBIT "A"
PURCHA►SE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOV�, HA,VE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARD�I�TG THE CITY OF
DENTON'S ACQUISIT�ON 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.
TffiS PURCHASE AGREEMENT (the "Agreement") is dated
2012, but effective as of tk�e date provided below, between Jean M.G. Tunne , fornaerly known
as Jean M, Gaodson ("Owner") and the City of Denton, Texas ("City").
WITNESSETI�i:
WHEREAS, Jean M.G. Tunnell is the Owner of a tract of land (the "Land") in tlae O. S.
Brewster Survey, Abstract Number 56, being affected by the public improvement project called
the Bonnie Brae Street Widening and Improvements Project ("Projeci"); and
WHEREAS, City is in need of certaiz� (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 agrec to tlxe tertxxs and conditions
associated with the purchase of the necessary xeal property interests for fhe Project;
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NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), an�d other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
l. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so called), conveying to the City, subject to the reservations described
below, the tract of land being described in Exhibit "A" to that certain Special Warranty Deed,
and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being
attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Drainage Easement
(herein sa called), in, along, upon, under, over and across the tract of land being described in
Exlubit "A" to that certa.in Utility and Drainage Easement (the "Utility and Drainage Easement
Lands"), attached hereto as Attachment 2 and made a part hereof, for utility and drainage
purposes, as more particularly described therein; and (iii) a Drainage Easement (herein sa
called), in, along, upon, under, over and across the tract of land being described in Exhibit "A" to
that certain Drainage Easement (the "Dra�inage Easement Lands"), attached hereto as Attachment
3 and made a part hereof, for drainage purposes, as more particularly described therein (the
Utility and Drainage Easement Lands and the Drainage Easement Lands are collectively referred
to herein as the "Easement Lands").
The (i) 5pecial Warranty Deed sha11 be in the form and upon the ternas as attached hereto and
incorporated herein as "Attachment 1"; (ii) the Utility and Drainage Easement shall be in the
form and upon the terms as attached hereto and incorporated herein as Attachment 2; and (iii) the
Drainage Easement shall be in the fonm and upon the terms as atta.ched hereto and incorporated
herein as "Attachment 3" (the Utility and Drainage Easement and the Drainage Easement are
collectively referred to herein as tlie "Easements") (the Fee Lands and the Easements are
collectively re£erred to herein as the "Property").
B. Owner, subject to the limitation of such reservation made herein, sha11 reserve, for herself,
her heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and
that may be produced from the Fee Lands. Owner, her heirs, devisees, successors and assigns,
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 ofiher minerals andlor related to
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exploration and/or production of the oil, gas and other minerals reserved herein, including
without limitation, use or access of the surface of the Fee Lands for the location of any well or
drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas,
seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or
any other infiastructure or improvement of any kind or type in connection with or related to the
reserved oil, gas and other miinerals, and/or related to fihe 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, muung or
other exploration and/or production method, operation, process or procedure would consume,
deplete ar destroy the suriace of the Fee Lands; and (ii) all substances (except oil and gas) which
are at or near the suz�face of the Fee Lands. The intent of ihe parties hereto is that the meanin.g of
the term "minerals" as utilized herein, sha11 be in accordance with that set farth in Reed v. Wylie,
597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Fee Lands and the Easements to the
City, the City shall pay to Owner at Closing the sum of Three Thousand Nine Hundred and
Seventeen and No/100 Dollars ($3,917.00). The monetary compe�sation prescribed in this
Section 2 is herein referred to as the "Total Monetary Compensation".
3. Iu addiiion to the Total Nionetaiy Compensation, and being a cornponent part o�the Project,
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 ihe City, as
field conditions warrant. The work prescribed in this Section 3 is herein referred to as the
"Easement Work".
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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 "Encutnbrances"). The Owner shall assist
and support sat�sfaction of all closing requirements of the City in relation to solicitation of
releases or subordinations of the Encumbrances and other cuxative effoi�ts af%cting 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, Ciiy 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 t�ansaction contempiated by this
Agreement; or (ii) terrminating this Agreement by notice in writing to Owner, in which latter
event Owner and City shail have no furkher obligations under this Agreement.
5. Owner stipulates that the Total Monetaiy Compensation payment and the Easement Work
constitute and inelude all compensation due Owner by City related to the Project, including
without limita.tion, any damage to or diminution in the value of the remainder of Ovcmer's
property oaused by, incident to, or related to the Project, value o£, damage to and/or costs of
repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any
other struoture or faaility of any kind within the Easement Lands and/or Fee Lands related to
activities conducted pursuant to the Easements or City ownership of the Fee Lands, interference
with Owner's activities on the Easement Lands or other property interests of Owner, caused by
or related to activities related to the Easements, whether accruing now or hereafter, a.nd Owner
hereby releases for themselves, fiheir heirs, devisees, successors and assigns, the City, it's
officers, employees, elected officials, agents and contractors from and against any and all claims
they 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,
4
Texas ?5052 ("Title Company"), with said Title Cornpany acting as escrow agent, on the date
which is 90 days after the Effective Date, unless the Owner and the City nnutually agree, in
writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described
above, occurs on a Saturday, 5unday 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 th�
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, tb.e proration sha11 be based on the amount of taxes due and
payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in
cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which
Closing shall occur is known. The result of such proration is that the Owner shall pay for those
taxes attributable to the period of time prior to the Closing Date (including, but not limited to,
subsequent assessraents for prior years due to change of land usage or ownership occurring prior
to Closing) and City shall pay for those taxes attributable to the period comtnencing as of the
Closing Date. All other typical, customary and sta.ndard 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 City sha11 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
opportwuty to cure, City may exercise any right or remedy available to it by law, contract, equity
or otherwise, including without limita.tion, the remedy of specific performance.
B. Tn the event City shall def�ult in the per£omiance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written n�otice o�default and opportuxiity
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to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to
Closing by written notice of such elecrion to Ciiy; or (ii) en%rce specific performance of this
Agreemeat.
14. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION A.RISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMI'ETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
11. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter
into any Agreement that will be binding upon the Fee Lands or Easement Lands or upon the
4wner with respect to the Fee Lands or Easement Lands after tlxe date of Closing,
12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall
be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein,
and shall be deemed delivered and received upon the earlier to occur of (a) the date provided if
hand delivered ox delivered by telephonic facsimile; and (b) an the da.te of deposit of, in a
regularly maintained receptacle for the United States Mail, registered or certified, return receipt
requested, postage prepaid, addressed as follows:
OV�7NER:
Jean M.G. Tunnell
212 Solar Way
Denton, TX 76207-2204
Phone
Telecopy:
CITY:
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
6
0
Copies to:
For Owner: For Ci :
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: 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 agceements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
14. Owner represents and warrants to the City that she is an unmarried person, or if married, (i)
the Property comprises no part of the homestead of Owner and spouse; and (ii) the Property is
the separate property of Owner, or if community property, that Owner has the lagal authoxity to
perform all actions and obligations prescribed by this Agreement.
15. The representations, warranties, agreements and covenants contained herein shall survive the
Closing and shall not merge with the Special Warranty Deed and/or Easements.
16. 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 poxtxon of the Property, City may, at its election, terminate this Agreement at any time prior
to Closing.
17. Authority to talce any actions that are to be, or may be, taken by City under this Agxeement
and/or Easements, including without limaitation, adjusting the Closing Date of this Agreement,
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.
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18. Upon closing of the transaction contemplated by this Agreement, the of£er to purchase made
to Owner and Agnes H. Rogers, pursuant to City of Denton Ordinance No. 2012-093, shall be
revoked and null and void.
C`ITY OF DENTON, TEXAS
gy �-•-,—
t—��
GEORGE C. CAMPBELL,
CITY MANAGER
Date: � � 2012
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
,
BY:
Date: � `� , 2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
C�
Date: ��� , 2012
OWNER:
. ,�
AN M,G. LL, formerly known
Jean M. Goodson
Date: �w � � � 2012
,.
8
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RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Tiile Company agrees to comply wiih, and be bound by, �e terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and com�ply with Section 6045(e) of the Internal Revenue Code of 1986, as amended
from time to time, and as fuxther set forth in any regulations or foz;ms promulgated thereunder.
TITLE COMPANY;
Universal Title Agency, LLC
d/b/a Universal Land Title of Texas
2650 Bardin Road, Stuite 101
Grand Prairie, Texas 75052
Telephone: (972) 206-7570
Telecopy: (9'12) 206-2870
:
Printed Name:
Title:
Contract receipt date: , 2012
9
ATTACHIVIENT 1
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FULLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PR�PERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
O�t YOUR DRiVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF DENTON
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
That JE.AN M.G. TLJNNELL, formerly known as Jean M. Goodson, not joined by
her spouse due to the Properiy comprising no part of their hoxnestead ("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
con£essed, has GRANTED, SOLD and CONVEYED, and by these presents does
GR.ANT, SELL and CONVEY, unio Crrantee all the real property in Denton County,
Texas being particularly described in Exhibit "A", aitached hereto and made a part hereof
for all purposes, and being located in Denton County, Texas, iogether with any and all
rights or interests of Grantor in and to adjacent streets, alleys and rights of way and
together with all and singular the improvements and fixtures thereon and all other rights
and appurtenances thereto (collectively, the "Property"),
Grantor, subject to the limitation of such reservation made herein, reserves, for herself,
her heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under
and that may be produced from the Property. Grantor, her heirs, devisees, successors and
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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 nninexals
and/or related to exploration and/or production of the oil, gas and other minerals reserved
herein, inc�uding 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 a�ay deviation from
vertical, water wells, pit areas, seisaric activities, tanks or tank batteries, pipelines, roads,
electricity or other utiliiy i�nfrastructure, 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 produation 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) a11 substances
(except oil and gas) which are at or near the sur£ace of the Froperty. 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. Wylae, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from tl�e sur�ace
of the earth to a depih of five hundred feet (500') below tk�e suxface of the earth and all
areas above the surface of the earth.
Exceptions to conveyance and warranty:
[Insert Permitted Excaptions]
TO HAVE AND TO HOLD the Property, together with all and singular the rights
and appwrtenances thereto in anywise belonging unto Ga'antee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Crrantox's successors and
assigns to WARRANT AND FOREVER DEFEND all and siingular the Property unto
Grant�e and C�rrantee's successors and assigns, against every person whomsoever lavvfully
claiming or to cla.im the same or any part thereof, by, through or under Grantor, but not
Page 2 of 3
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otherwise. �
EXECUTED the � day of J� , 2012.
,�^
/'/
AN .G. UNNELL, formerly known as
Jean M. Goodson
ACKNOWLEDGMENT
THE STATE OF �' ,��-
COUNTY OF Q2r►�u�
This instrument was acknowledged before me on � v�t.�„ �( , 2012
by Jean M.G. Tunnell, formerly known as Jean M. Goodson.
x
� F:A,NDY SPEAR
' MY COMMISStON EXPIRES
OCTOBER 14, 2013
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
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Notary Pu 1' , te of Texas
My commission expires: !� / ���
Property Tax Bills To:
City of Dentan Finance Department
215 E. McKinney Street
Denton, Texas 76201
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Psge 2 of 2
PARCEL 23-ROW-1
LEaAL DESCRIPTION
RIC�HT-OF-WAY D�DICATION
EX�BI�' "A" - Page 2 of 2
BBIN4 a U.08 acre traot of 1a}�d sztuated in the O.S, Brewster 8urvey, Abstract No. 56,
Denton County� Texas, beiag a portion of Lot 1, Solar '4V'ay A.dditio� as recorded in
Cabinet B, P�.ga 196, Plat Recards� Denton County, Texas, and beitig conveyed by deed
to Jean'M.G. TunnelI & Agnes H, Roge�rs, as reeorded. �in Volume 994, Page 652, Deed
Reca�ds, Danton County, Texas and betng more particularly descr�ibed by metes and
bouude as follows:
CAMMENCING st n%uud 1/2 inch iron md, said point being t�e southeast corner of Lot
2, and� the �ortheast corner of Y.ot 3A, So�ar'Way Additfon, as xecor.ded Cab�net �I, Pags
A�4, Plat Records, Denton County, Te�as, and beiung in the existung wast right-of way line
of Bo�wie Bxae Street (having �. varlab�e width RO.W.);
THBNCE Noz�h 00°17'S4" Ees� a]ong s,a�d existing w�st right of-way line, a distatice af
250.00 £eet� to point, for the �'OTNT OF BLC�IlVNING, said poin� being the sot�theast
corner of eaid Lot 1, and tbe no�lheast corner of said Lot 2, Solar Way Addition, being a
aommon ]ine;
THENCB South 70°54'S4" 1�Vest, leaving said existing we�t right of way line and along
said common liue, a distance of 3�.03 %et to a aet 1/2 inch iron rod with aAI cap for
corn�, for the beo 7ria nf a a�un�tangent curve to the rlglit having a radius of 1047.50
£eet and a c�n�ral angta of S°56'02", and a long chord wb�iah bears North 02°57'10" Wes�
108.44 feet, said point being in the pro,posed west right-oi way Iine of Bomue Brae Street
(having a va�isble width R.O.W.);
THSNCB leaviug said commo;a line, along said pro�osed west r�ght �f-way Ifne aud
along s�d r�an fiangent curve to the right �n am distance of 108.48 feet to a set �1/2 inch
iu�on xod with GAI aap for carner, said point being in the north line of said Lot i, and also
be,ing in the soukh line of � tract of land conveyed to Robert W, ,Tonos, Jr, as recorde� in
Volume 773, Paga 55, Deed.Reoorde, Denton Cauz�ty, Texas, being a cornmon bin.e;
THBNCB North 88°4p'03" 13ast, lea'ving said graposed we.st right-of-way line and along
sa�d common line, a distanca of 35.44 feet to a paint frn corner, said point being im the
�xisting wast �lgltt-of wa.y line o� eaid Sonnie Brae Street; � .
TH$NCB Saut�. QO°17'S4" West, leavang said commion Iine aad along said existiug west
rlght of-way line, a distenee of 98.97 feet to the pOI�T'�' OF BSGIlJNING ps�d
CONT.A,TN1NCi 3,4'�1 aquare feet, 0.08 acnes of 1and, more ar 1ess.
�
�
ATTAC�NT 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 FTLED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
UTILITY AND DRAYNAGE EASEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
THAT Jean M.G. Tunnell, forrnerly known as Jean M. Goodson, not joined by her spouse due to
the Property comprising no part of their homestead ("Grantor"), whose mailing address is 212
Solar Way, Denton, Texas 76207-2204, in consideration of the sum of Ten and No/100 Dollars
($10.00) and other good and valuable cansideration in hand paid by the City of Denton, Texas,
receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED,
SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY
unto the City of Denton, Texas ("Grantee") a perpetual utility and drainage easement in, along,
upon, under, over and across the following described property (the "Propenty"), owned by
Grantor, and situated in Denton County, Texas, located in the O.S. Brewster Survey, Abstract
Nu�mber 56, to wit:
PROPERTY DESCRIBED IN EXH�BIT "A",
ATTACHED HERETO AND MADE A PA.RT HEREOF
For the following purposes;
Coz�structing, reconstructi�ag, installing, repairin.g, relocating, operating, and perpetually
maintaining utalities and drainage, including without limitation, the right to overflow the
Properly, and related structures, facilities and appurtenances, in, along, upon, under, over and
�
across said Property. The rights granted herein shall further include, w�ithout limitation, the free
and interrupted use, liberty, passage, ingress, egrass 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 li.mitation, the
making additions to, impxovements on and repairs to said utilities az�d drainage facilities and/or
drainage features or grade or any patt thereof.
This Easement is subject to the £ollowi�g covenants and agreements:
1. Structures. No buildings, %nces, 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. Fwther, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grada
of the Propexty 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 buil.dings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2, Maintenance of Lateral Slope, No activity, of any lcind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope established for
drainage, includin.g without limitation, excavation or moveme�t 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 Landscapiug. No shrub or tree shall be planted upon the Property or
ihat may encxoach 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
u�on the Property without liability to Gt'antee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Crrantox sha11 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 gran.ted ta it herein £or the puiposes granted.
6. Successors and Assigns. This grant and the provisioas contained herein sha11
constitute covenants running with the land and sha11 be binding upon the Grantor and Grantee,
and their heirs, devisees, suecessors and assigns.
2
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
'" 2012,
Witr�ess my hand, tlus the �, day of �- �
Gran.tor;
��.
J M.C�. T 11, formerly knawn as
ean M. Goodson
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on ��.� �� , 2012, by
Jean M.G. Tunnell, formerly known as Jean M. Goodson.
R�NDY SREAR
' ' MY COMMISSION EXPIRES
• , ...� OCTOBER 14, 2013
Notary Public, in r the State of Texas
My Commission Expires: i0 �� Zo�
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012-_�.
By;
Paul Wxlliamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
�
0
pa6� ! OF 9
RoBEp7 N. JDNE9, JR
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VOL. 5l02, P0. 2398
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EXHIB�T "A" - Page 1 of 3
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MILTON 8
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6ASIS OF BEARING IB NORTH AM�RiCAN pATUM
OF l888 (NAO-b3� STATE pIANE COOHaYNA7�
6Y97EM, TEXAB N R7H C�W'CNAL.
pARCEL 23—UDT-1 -
BEING A . .
� 1,776 SQ.FT. Q.04 ACRE
� UTILITY Sc DRA AGE EASEMENT
� SIT[IATED IN T� O.S. �HRE�S'�'ER SURVEY
; ' � ABSTRACT N0. 58
DENTUN C4UNTY, TEXAS
� Gr4ham Assaaiates Inc. .
CoNs1A.TiNCi � GINE�RS � Pu�IHERS
eaa mt s om eune eoo
�� fl�i ���� � .io�a�a°�• o
�
SCAL�: i"p 60'
UAT�: AUGUST 20ii
J/O Bllt Of I/PZd-UOE� 1
M -
Page 2 of 3
PARCEL 23-UD&1
LBCrAL DBSCRTPTION
UTILTxY & DRAINAGB BASENlBrT`�'
EXHIBIT "A" - Page 2 of 3
BBINC� a 0,04 acre traot o�land situated izt th� O,S. Brewster Surveq, AbstrQCt No. 5b,
Den.ton County, Texas, being a portion of Y.ot 1, So1ar, Way Addifaon as recordeci in
Cabi�aet B, I'age 196, Plat Recazds, Deuion County, Texas, and being conveyed by deed
to Jean M,G, T�wnell & Agnes H. Rogers, as recorded in Volurae 994, Page 652; Deed
Records, Denton County, Texas �nd being moxe p�rticulmrly descr.tbed by metes and
bounds as Pollows: �
COMM�NCIN(� at a found 1/2 iu�cb� iron rod, said point beit�g the sautheast comer of Lot
' 2, atxd the nartheast corn� of Lot 3A, Solar Way Addition, as reco�rded Cabinet H, �age
44, Plat Records, D�nton �ounty, Texas, and being in the existing west right of-way line
oiBonnie Bxae Street (ha.ving a �ariable widfh R.(?.W.}; �
TI�NCE Narth•00°17'S4" Eaet, along eaid existing west right of-way line, a distanca of
70.24 feet to a pnint for corner, said poiu�t b�iz�g in the proposed west nlght of-way line of
Bot�nic Brae Street (having a variable width R.O,W,;
TH�ICE Nortb, �0°43'36" Wes� leaving said existing west right�of-way line and along
said proposed west xight of-wsy line, a diatanca of 84.19 feet to a point �for corne;r, for the
beginnmg of a non-tangent curve to the right h�ving a raditus o� 104'7,50 feet and a central
angle of 4°48'26", atxd a la:q�g clwrd whiah bears North 08°19'23" West, 87.86 feet;
THBNCE coz�tinuan� along said �ropased wast rlght-of way line �d along said �ann-
ta�nge�t aatve tu tha ri�ht an arc distance oi 87.88 feet to a pofnt far tha POTNT OF
BEGINN�1'G, said point being in the south line o£ said �.ot l., and in. tk�e norl� Iine bf said
Lot 2, Solar Way Addidon, being a conmmon ]ine;
THENCS South 70°S�4'S�4" West, leaviag said proposed west right-of-way kn�e and a�ang
s�id common liune, a distance of 16,43 feet to a point for cor�ar, #or the begi�n�ing of a
tton tangant curve to the �ight haviug a radius of 1.063,50 f�ei and a cen6ral angla of
6°06'S�4", snd a�or�g chord whiah bears Norkh q3 °Q3'49" Weat, 113,�5 fee�
Z�iBNCE leaving said cornmon line �nd along said non t�ngent curve to We right au aro
dist�nce of 113.51 feet to a poiut for eorner, said point being in �e north line af said Lot
1, auci also being m the south line of a tract of laud conveyed ba Rob�rt W, Jones, rir, as
rec�rded iiz� Volume 773, Page SS, Deed Reconds, De�rton County, Texas, beitig a
aommon line;
EXHIBIT "A" � Page 3 of 3
Page 3 0�3
THENCE North 88°40'03" Bast, along said commoa li.ne, a distance of 16.00 feet to a
point �or corner, for the beginning of a non-tangent curve to tha left having a radius of
1047.50 fest and � central angle o� S°56'02", and a tong ohnrd wluah bears South
02°57'10" East, 108.44 �eet, said paint being in the proposed wegt right-of way li�ne of
said Bont�ie Bree Streat;
THENCB aio�ag said proposed west right of-way line aad along said non-tangent curve to
the teft an arc distance of 108,�8 feet to a. the P41NT OF BBGINNING �t�d
CONTAII�TING 1,776 square fe.e� OA4 $cres of 1attd, more or leas.
�
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 FOLLOW�NG
INFORMATIUN FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT TS FII�ED 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 Jean M.G. Tunnell, formerly known as Jean M. Goadson, not joined by her spouse due to
the Property comprising no part of their hornestead ("Grantor"), whose mailing address is 212
Solar•Way, Denton, Texas 76207-2204, 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 whicb. is hereby acknowledged, has GRANTED, BARGAINED,
SOLD and CONVEYED and does by these presents GRANT, BA.RGAIN, SELL and CONVEY
unto the City of Denton, Texas ("Grantee") a perpetual drainage easeznent in, along, upon, under,
over aad across the following descrihed property (the "Property"), owned by Grantor, and
situated in Aenton County, Texas, located in the O.S. Brewster Survey, Abstract Number 56, to
wit:
PROPERTY DESCRIBED IN EXAIBIT "A",
ATTACHED HERETO AND MA,DE A PART HEREOF
For the fallowing purposes:
Constructing, reaonstructing, installi.ng, repairing, relocating, operating, and perp�ivally
mai�ataining 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, liberly, passage, ingress, egress and regress, at all times i.n, along, upon, under,
over and across the Property to Grantee herein, its agents, employees, contractors, workrnen and
representatives, for the purposes set forth herein, including without linnitation, the making
additions to, improvements on and repairs to said drainage facilities and/or drainage features or
grade or any part thereof
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or poxtions thereof, shall be constructecl, erect�d, 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 £rom the Property, such buildings, fences, structtu�es, 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 activiiy, 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 praperty or right-of-way.
4. Trees and Landscaping. No shrub oz tree shall be planted upon the Property or
thai may Sncroach upon the Propexty. Crrantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that nnay encroach or overhang
upon the Property without liability to Gxantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to tk�e covenants and
restriction,s contained herein, to make use of the Property for any purpose that does not inter%re
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein sha11
constitute coven�nts runnittg with the land and shall be binding upon �e Grantor and Crrantee,
and their heirs, devisees, successoxs and assigns.
�
�
r
TO HA.VE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above deseribed.
Witness my hand, this the ��'day of �/�-�- �-, , 2012.
Grantor:
� � r/
an M.G. unnell, formerly lcnown as
ean M. Goodson
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
Tlus instrument was acknowledged before me on J � l , 2012, by
Jean M.G. Tunnell, fo�nerly known as Jean M. Goodson.
� � �N�S"� R �
+ ' MY CQMMISSION EXPIRES
OCTOBER �4� 2013
Accepted this day of
Texas (Ordinance No. 2012-____).
:
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
Ciiy of Denton - Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn, Paul Williamson
�'`--
Notary Public, ' a for the Sta.te of Texas
My Commission xpires: i � � ro! �
3
2012, for the City of Denton,
pA6E 1 DF 2
p 4DL T7��JON�ES,6�JA
D.A.U.Q.7.
� �o'r �
J�AN M.G. TUNN
AONES N. RQR'
VUL. 994, PG,
D.R.U.C.T.
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COMMENCYI�G�
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EXHISiT ,�p��� _
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OF$l9B3F(NAb� 3) S7A7E��ANE�COORDINATE�
• SYS7�M, 7EXA8 NORTH CENT AL,
PARCEL ��—DL�1
H��N:G A
11,626 SQ.FT./U.27 ACR�
D�AINAGE EAS�MENT
SITUATED IN THE O.S. BRE%PSTER SUR'VE'Y
AHSTRACT N0. 56 n
DE11�'rON CQUNTY, TEXAS scA��: s»a so �
^ Grahqm Associates Inc. .
C� CONSULTINO EHRINF�tS d� PIJiNNERS
aa0 qIt RA49 t►IU eW7E 6oa
�FlR�Mt F—�11o1��1.8 � 1 101�M
�
DATE: AUGU5T 20iS I .
�
J/Denton/P2�-pE-i I
1I
i
�'sge 2 of 2
PARCEL 23-DUl
LBGAL DSSCRIPTION
DRAIl�TAGB EASEMENT
EXHIB�T "A" - Page 2 of 2
BS�Na a 0.27 acre tract of land aituated in tha O,S. Hrewster Sttrvey, Abstract No. �6, Denton
County, Teacas, being a portion o�Lot l, Su1ar Way Addition as recoxded in Cabinet B, Page 196,
P]at Records, Dentcra County, Texas, and being conveyed by deed to Jean M.G. Tunnell & Agnes
H. Rogeirs, as recorded in Volur►� 994, Page 652, beed Records, Denton County, Texaa and
baing more pa�tiaularly described by metes and botmds as £nllows;
COMM�NCIN(� et a fout�d 1/2 inch iron xnd, said �oitui befng th6 southeast corner of Lot 2, and
the northeaet corner of Iat 3A, Solar Way A.ddition, as xecorded C�binet H, Page 44, Plat
Reaords� Deuton Cottaty, Texas, and baing in the axisdng west �Ight-of-way, lUne oP Bomue Brae
Stre� (har�ng a variable width R.O.W,); �
THBN'GB Norkta 00°17'S�4" East, �long said existing west right-of•way lme, a dista»ae o� 70.20
feet to a po�nt far oorner, gaid point being in the proposed wgst right-af-way I�ne o£ Bonnie Sxae
Street (ha�ving a vartab�a width RO.W,; .
T1�NGB North lU°43'36" West, leaving said exisdng west riglxt-of-way line and along aaid
proposed west righ�o� way line, a dietanae of 84.19 %at ta a point for cornar, �or the beginntng
of a non-tar�gent curve to ihe right having a i�ediu$ of 1047,50 feet and a cantral angla of 4°48'26",
and a lang chord which beare Norkb. 08°19'23" West, 87.86 feet;
THBI�TCB contu�uing along said propoaed west right-o£ way line aud slong said ncui-tangeut
ourva to the rlght ati arc distance of 87.88 faet tv a point �'or coxnar� said point bcing in� the south
line of sald Lot 1, and in the north line of said Lot 2, Solar Wsy Addition, being a commwn lina;
THBNCB Soukh '74°54'S4" '4Vast, leaving eaid proposed west x7ght�of-way lit�e and along satd
common line, a distance of 16.43 feei to a�oint for the POINT QF HBG]1VNING;
T�NCB South 70°54'S4" West, co�klnuing along eaid com�mo�, �, a distance of 98.34 feet to a
point for corne�;
Tf�?NCB North 00°5a'03" West, le�ving said common lin;e, a distan�ce o£ 143,39 feet to a point
for corner, asid �oint baing in the north ]ina of said Lot 1, attd also being ln the scruth line of a
traot of land cvnveyed Eo Rnbert W, 7ones, Jr, as recoxded in Vohime 773, Page SS, Ueed
Reaords, D�uton Conaty, Texas, being a connmon line;
THBNC� Nort1t 88°40'03" Bast, atong eaid comunnon l�ne, a distanoe of $8.98 �eet ta e�oint for
oornet, for the begi�ning of a non-tang�tt ourve to the left having a radius of 1063:50 feet and a•
central sngle of 6°06'54", and a long chord whiah bea�s South 03°03'49° Bast,113.4s feer,
TJ�NCS leaving said cnmuw� ltne gnd atong sa�td non�angent rnuve ia tha left an arc distance
of 1� 3.51 feet to tiae POINT 4F HB4INIVIIJG4 at►d CANTAININ(� 11,626 equara feet, 0.27 acres
of land; mare or less,
�