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2012-168s:llegallour documentslordinancesU2lmartin final offer ordinance.doc oxDrNarrcE No. 2012-168 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) A UTILITY AND SLOPE EASEMENT ENCUMBERING A 0.02 ACRE TRACT AND A 0.03 ACRE TRACT, AND (II) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT, ENCUMBERING A 0.06 ACRE TRACT AND A 0.02 ACRE TRACT, ALL TRACTS LOCATED 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND SITUATED 1N THE O.S. BREWSTER SURVEY, ABSTRACT NUMBER 56, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE 1700 BLOCK OF SOUTH BONNIE BRAE STREET (THE "PROPERTY 1NTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE ROAD, A MUNICIPAL STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO BETTYE L. MARTIN (THE "OWNER") TO PURCHASE THE PROPERTY 1NTERESTS FOR THE PURCHASE PRICE OF SEVEN THOUSAND SIXTY N1NE DOLLARS AND NO CENTS ($7,069.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE EASEMENT PURCHASE AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF FLJNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton made an initial offer to the Owner to purchase the Property Interests on March 13, 2012, pursuant to Ordinance No. 2012-060, passed and approved by the City Council of the City of Denton on March 6, 2012; 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 the final offer to the Owner to purchase the Property Interests from the Owner. SECTION 3. The City Manager, or his designee, is hereby authorized to 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 $7,069,00 and other consideration, plus costs and expenses, a11 as prescribed in the Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Agreement. SECTION 4. The City Manager, or his designee, is directed, by certified mail, return receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the City relating specifically to the Owner's property and prepared in the 10 years preceding the date of the offer made by the Agreement. SECTION 5. The offer to Owner shall be made in accordance with all applicable law. SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding sha11 not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the A'I'TEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � By: ��,�In�� % — day of , 2012. , �� 'Z A' A. � U � GHS, AYOR pAGE 1 OF 2 � � 0 R' �M M � "EXHIBIT A" ta oxdivaitce (Pro ��~` � i� ' ; f I� +`. � , LOT fq-!, ELOCK ,{ I (1 i •� LTO�E{RTY CHq137[AN � II � � CABOUL F�OIT�9! ( iI � t r P.R.O,G.T. � iI i � l II ' ;COH t II , � I II ' �'a0 i � i - — ,1 i � i 1616 S. BONNIE� 8aA€- --- � S0�'20' 37 UHIYER9IIY OF NOHTH TEXA9 ` y BB.98' INSi.NO. OB-la5sna �- y�o� II.A.O.C.T. � �E�� SB9'26'59"E --� S7l2 S. BONNIE BRA� TRACT 92 --- dETTYE L. MbRTIM INST. N0. 2003-7bi94 / D.R.b;C.T. �/ � Nno•�.4�oa°w -� �� iaa,74� —� �Q�� ses�o�000•w - Cig1� �y�4 g, 9pNNIE SRAE BETTYE7L�3NAATJN 1NSr. Ho. 2oos-7gf94 D.H.O.C.T. ]SL0T2e�� A�IE .)0� ABBEY l8f2 S. BOTdiIE 8FlllE j i.U7JOk AeBEY A — �• � LOCX A � rIB! 1 yyy . � iBSS 9. Baj�IF}lE BRAE ^ LOT 3 81DCK A JOE� bBBEY � ; , � � � x� � �� a � i � � � ` �' � , � � ~ �y � � Z � � i � � � � � � � , � i i � � � 4 i L �` ti 1 l � 7 � � � i i � 1 � 1 � I 1 � 1 i i � i t i � � i � � � t i ti ti � ti � '� �� I � �w �q� P� � � �i�terests ' -- IF CNG A f'�, 4 �� C�� h r ��5�� `�� . � �C �r�� •S00 '34' 08"E 100.42' 1� � f!I �� ` , �� ♦ �� IWIVEASITY DF NOHTH T�?fkS YoL.2e4, p0.64 O.R,D.C.T. i � 8A5YS QF BEAAiNG I5 ��laATH AMEAiCAN OATUM OF 19�� (NAg�83) STATE PLAN� COOADINATE 5Y5T�M, 7�xAS NDRT}i CENTRAL. �7-�us�—i B�ING A 1,O�B SQ.FT, U.U2 ACRE UTrI,t�Y 8c SL� E EASEMENT SITUATED Iiv THE �.5. BR��N'�'�ER SURV�EY', ABSTRAC�' N�. 56 � UENTC}N' C�UNTY, TEXAS Graham Associates lnc. G�IC scA�e i°-soa• � CONSU�IN4 EHGiHEERS 4 PLIGiN�AS `v' 6 51X FLA09 DRIVE, SUIiE 600 4 60 !OD 450 �wttHOrwi, ra� �a� � e{u-�ra DATE; AUGUST 2011 Te� rx�u� r-titos �otaae-oo � J/penton/P7-U5E�S Page 2 of 2 "�XHIBYT A" to ordinaitce (Property Interests) PARCEL ?�US�-1 L�GAL DESCRIPTI�N UTT��TY & SLOP� EASEMEN'� BEING a 0.02 acre tracf of land situated in the O,S. Brewster Survey, Absti�act Na. 56, Denton County, Texas, being a portion o� Ta�act 12 as conveyed to Bettye L, Martin as recorded in Instrument No. �2009-75194, Deed Records, Denton Coun#y, Texas, and being more pat�Ieularly described by nnetes and bounds as fo�lows: C4MMENCING at a found 1/2 inch ii�on xod, sa�d point being tha r�o��theast corner of a tract corzveyed to Urviversify of I�orth Tax�s, as recoxded in Instrument No. OS-1056fl0, Deeds Records, Denton County, Texas, a�d being in the existing west right-of-way line of Boiu�ie Brae Street (having a variable width �Z.O.W.); THENCE South 00°20`37" West, along said existin$ west right-of way tine, a distan.ce of 8$.98 feet tn a point for the k'OIIdT OF BEGINN.�IG, said point being the southeast corner of said Universiiy of North Texas tx�ct and the noi�.east corner of said Txact 12; THENCE South 00°34'0$" East, along said existing west ri�ht-of way line, a diskance of lOQ.42 feet to a paint for corner, said pos'nt being the noi�theast �oxner of Tit�cts l3, 1� as conveyed to Bettye L, iV�ai�tin as recot'ded in Inst�ument No, 2D01-75194, Dead Records, Denton Caunty, Texas, being a comman Iine; THENCE Sonth 88°42'40" W'est, leaving said existing wes# i7ght-oi way line and along said cammon line, a distance o£ I0.00 �eet to'a point for corner; THENC� I�iork�'i 00°34'08" West, leaving said comtnon line, a distanc� of 100.7� feet to a J�oint for cornex, said point being in the north lme of said Tr�ct �2, anc� the south line of said University of riorth Texas h�ac�, being a commo� line; THENCE South 89°25'S9" East, along said comrnon line, a dista�ce vf 1U.00 feet ta tlxe POINT OF BEG�NNING and CONTAINING J,006 square feet, 0.42 acxes of lanc#, more or iess, � l7�rZ�i� s�r�- pa�� s oF 2 � (,'G � R � r � G �� r��'�u� 1754 S. BOFlNi� 6RAE TRACT i3, 14 B�TTYE L. MAfETIN INS7, N4. 2009-751s4 D.Fi.n.C.T. l8�d 8, B�NN1E 9RAE ot 2, eLOCK A � Ae6�Y "EXHIBIT A" to ordinance (Pro �� f � I� � 1 � �) � � LoT iR-f, Bl.oqc A I k �` 1 L79ERTY CI#tISiIAN � E� � ti 3CH0a1. AbDYTIOH � i CAB. R, P6. S81 � (� i � P,R.D.C.T. � II i � ' � i n . , t 11 ; ; 1 � I `� ' � � _.� .� � i � l _ ._ .--� i l678 5. BDNHIE BAAE � � UNIVERSIT7Y �F HORTN TEXA9 �' 1 IF73T.N0. OS-�OS640 � P�` 0 4 D.R.O.G,7. d ¢ i � �� ' f712 g,�e� 1 42 BRAE ,% I DETTYE L. HAATIN ,� ]NST. H0. 2009-7Q14g� � D�R.D,C,T� �� Nea�42�40"� � f0.00' �j a a o. V' �� u7,,., o� �— 588'13'54"w � 10.Q0' W _ �� : � .1 � ; � , � � 6 � � � ,. � y� � �� i �``'� ' �� , � , ., i 1 � jti � I� i ! �� SBt2 S, BONiiE BR�E ^ � LaT 1� BLacic JI ( . J6E A08EY '� i �g ; A � ` .�T. i "_ — f � �a�aT s6°e�oac A�'�� ^ , i ,w� ,�eaer � -- ; � ` � � t� � i � � � � � { �x �o P7 � �� a�� Aa PO �R' 3$G G F11D f/2' I.R � !1 ! ll�/ i� ,�� ti�\ Xnterests ��`�� ,,��,, , 'r z ��t� t'� UNIYER3I7Y oF NORTH 7EXA6 YDL.28A, P0.80 O.R.D.C.T. BAS�S o� ��bRIHG I5 NDATH AMEAIGAN DA7UM OF i 983 (NAD-83) STATE PLAt�E C(1[3RDINATE SYSTEM, T�XA5 NORTH CENTRAL. P8-USE-�. BEING ,A 1,184 SQ.�'T./0.03 ACR� UTILITY & SLOPE EASEMENT SITUATED YN T�iE a.S. B�EWSTER SURV�"Y, ABSTRAC� N0. 56 DENTON C�UNTY, '�E�AS � Grah�m Associates Inc, � CONSULTIH(f ENOINEEflS � PL�iNNER5 aoo ax �uos otnv� stn� soo /,ntiNatoN, TmtAS 7ebit et 8�4--aesa tat�E FIrtA� F-ttat/Terts � tm�e-�oo � (iRAPHIC 9CAlE 3'�l00' 0 50 i00 150 dATE; AUGUST 201A � Page2af2 "�XHISIT A" to o��dinance (I'raperty Interests) PARC�L 8-US�-1 LEGA�, DESCRiPTION iJT�LITY 8c SL�T'E EASEMENT BErNG a 0,�3 acre hact of land situated in the O.S. Brewster Suzvey, Abstract �1v. S6, Denton Co��ty, Te�cas, being a portitrn of Tracts 13, 14 as conveyed fo Bettye L. Martin as recarded in Ynstrurnent No. 2049-75 � 94, Deed Records, Aenton County, Texas, and being moxe particularly described by metes and bounds as follows; B�GINNING ai a£ound 1!2 inch iron rod, said point being the southeast corner of sazd Trac#s 13, 14, and being in the existing west xxght-of-way 1'zne o� Bonnie Btae Sh�eat (having a vaxiable width R.O,W.); THENCE South 88°13'S4" West, along said existing west right�af way Iine, a distance oF l 0A0 feet fo a point �'or corner, sait� point being the in the south line of said Tracts f 3,14, and heing the nflrtY�east eoi�ner of Lot �, B1ock A, as recoxded in Cabinet W, Page 811, Plat l�ecoa�ds, Denton County, TexAS, being a connman line; THENCE NQrtI� 00°52'0&" West, leaviag said existing west �ight�of-way line, a distance o� 118.44 feet fa a pt�int fQr cox�ner, said point being in the north line of said Tracts �3, �4, and being in the soutli Iine of Tract 12, as conveyed to Bettye L. Martin as recorded in Instr�ent No. 2fl0�-75J.9�� D�ed Records, Denton County, Texas, being a comm�n line; . 'I'I�ENCE North 88°42'40" East, along said cammon line, a distance oF lO.OQ feet to a point for coi•ne�, said �oint being in the �xisting wesf r�ght-of-way line af said Bonnie Brae Str�at; � THENC� Sout� 00°�2'06" East, along saic� existing west tight-�f-way iine, a distance of � 18,31 feet #o the P4INT OF BEGTNNING and CONTAINING �,� $4 sc�uare feet, O.U3 acres o£ lanid, more ar less. a��3�ZOit PAGE � DF 3 � �a� � � � 9� � � �i� � � LI6ERTYS�C1#IISiI,�N � CAD A, A�LT�gs � p.R.D.C.T, j � t E S7]2 8. BUNNI� 6FiAE TRACT 92 �� LF BETTYH L. MARTIN iNSr. No. aoas-�sisa ��.� o.R.o.c.r. C2 �� : �t: ��`�y, `k ��,��` c � i bg • s7�1 s. eotarte 6� 7AACi 13 14 BET7YE L. SlAqTIN IN9T. N0� ROG9'78f84 D.F1.D.C,Y, 1e �or �2 8 BLOCK j�AAE JOE� pBefY "EXHIB�T A" to ordinai�ce � � i� � ' � � �� 1 iy •y �f i ti t �� i � II � � 1'U' 1► ;co� n ; � � ; --f' • , , . , �s ..�. . �;. � � � '9�KI �u� ; � � � ; � i � � f � i � � ' � ' ' J; � � � � � i � � �. ( ' , �; �, , ( � k _ �a 78�2 s. eoN�llE eal�e � I LoY 3. 9LOC�i A T � JOE A98E ^ �+ i , i j � 1r i � � 4 1 l ] 1 I � � 31, � A �� i i , ; �TBf1 � 4 i � � i � � � _� , -- • , , i � � — � � � , � � 0 !B!B S. BONHIE 6AAE � ' ' LoF 3, BLaCK A ' i JOE ABBEY i i � i i i t � ti � * ti �� _ � �a � �a � s �� O � u � 'roperty lnterests � ��:�g' hJ�1Q' ��} �- � w UHIYE Y I7Y�4 p6 7fi0 TEXh3 EfL U,R.D.C.T. 11 /� /I �i' �E �1l �� \� �• � GAAPNIG SCAL£ 3'•!00' 0 50 100 i50 l.B 23.87' SB9'26'69'E �7—�C�1 � i BEING A � 6ASSS Op ��AaING TS NOR7H AFfERICAN pAiUM ,`�,��j'� SQ.FT.�Q.O� ACR.0 OF i963 (NAO-83j STATE PLANE COOR�INATE ��MPa��RY C�NST��JCTION EASEMENT SYST��1, iEXAS NORTki CENiRA�. � SZTUATED iN THE o.5. BREWSTER SURV�"�, GrQham Associates Inc. �A�STRACT N0. 56 � CON5ULT3H4 ENOINEERS 1t PI�NN�RS D�,l�€TOt�F CQ V 1YT�� E�S eoo a�x ►uas nw stnte soo r�nro ' r-hiia�7�� timeaa°�''s-on OATE: AUGUST 209 9 �/oentvn/�i-iat�i Page 2 of 3 "EXHIBIT A" to ordinance (Pi•operty Iuterests) PARCEL 7-TCE�I LEGAL DESCRIPTION TEMI'��tARY CONST�2.UCTION EASEMENT BE]�hIG a 0.06 acre tract vf land situated ir� the O.S. Brewster Survay, Abstract Na, 56, Denton County, Texas, being a paxtion of Traot l2 as conveyed ta 8eftye L. Ma��Ei�t as reeorded in Tnst��ument No. 2009-75X9a, De�d Records, Dentan County, Texas, and being moxe particularly described by metes and bounds as #'�llows: COMMEI�CING at a found 112 inch 'sron rod, said point being the nortk�eas� corner of a h�act ca;nveyed to �niversity of North Texas, as recorded xn Instrument No. fl5-�OSb00, Deeds Reoords, Denton Caunfy, Texas, and being in tl�e existing west xight-of-way line of Bonnie �rae St�eet (having a variab�e widih R.O.W,); THENCE Sauth 00°20'37" West, atong said existing west right-9f-way line, a distance of 88.98 feet to a point, said �oint being the southeast corner of said University of North Texas tract and the noi�theast corner af said Traet 12, being a common line; THENCE Nort� 89°25'S9" West, Feaving said existing west righi-of-way line and along said com�mon line, a distaz�ce o� 10.Q0 feet to a point for the P�1NT OF BEGINNING; TI-iENCE South 00°34'08" East, Ieaving said comrnon line, a disfance af 98,58 feet to a point for cornex, for the begiiazLing of a nan-tangent cu��ve #o the rigl�t having a radius of 45.00 feet and a central angle of 41°57'Ob", and � long chord which bears North 62°58'28" West, 32,22 feet; THENCE atong said non-tangent cuxve to the right an arc distance of 32.95 feet to a point for corner; � THENCE South 89°32'S7" West, a distance of I0.07 feet to a point for cvrner; THENCE North 00°27'03" West, a distance of 25.9'1 feet to a point for cornex; TH�NCE North 89°57'13" East, a distance of 6,78 feet to a point for cornei�, fax the beginning o£ a non-tangen# curve to the rigl�t having� a radius of SS.00 feet a�.d a cen#ra1 ang�e of 2b°53'25" and a long chord which bears North 39°UO'23" iast, 25.58 feet; 'I'�TENCE along said non-tan.ger�t curve to the iight aa arc distance of 25, S I feet fo a point for corner, for t�e beginning o#' a i�everse curve to the left hav�ng a radius nf 2SA0 feet, a centr�� angle of 20°2X'S3", and along chord whiehbeaxs Noz�th 42°ld'U9" East, 8.84 feei; ' THENCE along said reverse cui�ve to the left an arc distance o� 8,89 feet to a paint foz corner; "E�HIBI`�' A" to ardinance (Pra�erty Interests) Page 3 of 3 THENCE Narth 32°�S'12" East, a distance of 7.64 feei to a pai�a# for coxnex, for tha begi�uvng o� a non-tangent curve to the left having a radius of 20.00 feet �nd a central angle of S°S8'16" and a Ian� chord which beaxs �,Nnxth 21°14'40" East, 2.08 feet; THENCE alaz�g said non-tangent curve to the left An azc dzstance of 2.08 feet to a poin# for corner; ' , THENCE South 89°44'08" 'VVest, a distance of 19.36 feet to a point for corner; THENCE North 00°22'02" Wesi, a distance of 23,53 feet to a point for carner, said point being in the noi�th line of said Tract 12, and the souih line oi said Univez'siiy of North Texas tract, being a common 1ine; THENCE South 89°25'S9" East, a dsstance of 23.$7 feet to the POINT OF BEGINNI%1G and CONTATNING 2,455 square feet, O.Ob aczes of �and, more or less, PAGE 1 OF 2 � b � 4�' N �M l� 'A � .s�� r�� $� Gw��`" l714 S. BONNIE HI�AE 7RACT 13, �4� BETTYE L, MAR7IN INST. tJQ. 2009-75194 D.R.D.C.T. "EXHIBIT A" ta ordivance t.-� 1 il � ! I i� ; ; LOF fq-! 0lOCK A I I i � �IBER7Y �FiRISTidN �� 1 CAB�tLLAPA17191 � �� i P.e.o.c.r. � li � � 1 �j ; � 1 li ; ; 1 I I '� ' � � i _� .� � H � 1 ...� ..� .—�. i JGl6 6. BONN�I�E 6RAE � UNIVERSI7Y �� ltOFiTH 7ExA5 I � y 7N81.N6. 05-305fi00 E o � U.R�tl�C.T. � I�� i ._—S � f 1712 S. BONNIf BAAE �I� � eErtv� �r °►uATiN � IN3T. FtO. �100B-7919�� f�` '� D.R.O.E,T. �1 �� I ' � � f ' i NSB'44'ai"E � � 32.00' � I � Noo's2'O6"W � ae.oa� S88 '44' 57"W 3�,00' PUIN"F OF J �EGWNING _ _ lBiE S. BD}W]E BR�4E LOTlO� As�dt A � 6LOCK A A.R se �oT i�&�.o�K A A� JOE� A9BEY l9fB B. B6NFJIE 8R►E � t� JO�E� AB�Y � � � � � 1 1 1 � 1 � � i �x �� . � o�P4 �� A� � Intcrests �� ,;, �� UNLVEflSI7Y OF !l6RSH TEXAB YIX..2B4, PG,G4 D.R.O.G.7� � � � � ' S00'62'OB"E � 28.00' � � goz�r o� � COMM& CIN{� fN6 !/2' 7.R �� _I�� i � � � � i `� i i �� i i � i ; � i � ' � � � � - r � r � i � � � � � � r 7 . � i i � a ; i i l l E �! l� 1 r��! �� \,� �� \ *�. i14� I� ! gASTS OF BEAfiYN6 IS NdRTN Ah[ERICAN DATUM a� a9B� (NA�-88} STA7� i�LANE CoORDINATE SYSiEhi, 7�XAS NOp7H CENTRAL. P8-TCE-f BEING A 89G SQ.�'�'. 0.02 ACRE TEMPORARX CONST UCTIaN EASEMENT SITUAT�D IN THE O.S. BREWSTER SU'RVEY', A�STRACT N0. 56 DENmoN CoUNTY, TEXAS Graham Assaoiates Inc. � CQN5ULT1�fG Et OIN€CRS E� PUNHERS 000 �x 4s WaH'1. strit� aoo MtUNOTbtI, TO(A� 7607f M 6fG-D636 TEAE Ittb1� f-NY1/'IbPLS f01�3e�-DD � BRAPHIC SCALE !'�500' 0 �0 lU0 966 tiATE; AUGUS7 2091 J/Deqtan/PB-TCE-! P�ge 2 of 2 "�XHIBYT A" to ordii�ance (�'ro�er[y Interests) PARCEL 8-TCE-1 LEGAL DESCRI�'T�ON TEMP4RA.RY COI�I�TRUCT�O?�l' EASEivlBNT BEING � 0.02 acre h•act of land situated in the O,S. Brewster Surve,�, A�stract No, 56, X]er�ton County, Texas, being a po�on aiTracts 13, 14 as conveyed�to Bettye L, Martin as recorded in Inst�'ument No. 2009-75194, Ueed Reaords, De�iton Couniy, Texas, and being more pa��ticu�arly desci�ibed by metes and bounds as �ollows: COMMENCING at a found 1/2 inob. u'on �'od, said point being the southeasi eoi�er of said Ti�acts 13, 14, and being in the existing west right�of way line of Bonnie Brae Street (havutg a variable width R.4.W.); � THENC� South 8$°�3'5�" Wes#, along said existing west t�ight-of way line, a distance of 10.�0 feet to � point for the POINT OF BEGINNING, said point beir�g i� the south line of said Tracts 13, 14, and being the noi�theast coi�ner �f Lot 1, Block A, as recorded iri Cabinet VJ', T'age 811> Plat R�ao1dS, �enton County, Texas, beang a cnmman line; THENCE 5outh 8$°4�1'S7" WSSt, leaving said existing west 1'ight-of-way Iine and along said common line, a distance of 32.00 feet to a point for corner; THENCE N'oi�h 00°52'06" West, leaving said common iine, a distauae of 28,p0 feet to a pazzat �o:r coxner; TIIENCE North 88°44'57" East, a distance of 32.00 feet to a point for corner; THEI�TCE South 00°52'Q6" East, a distanoe of 28,4a feet to #he POINT �F BEGINNING attd CONTAININC� 896 square feet, 0,02 acxes of iand, more or less. Y dl•25• co��. EASEMENT PURCHASE AGREEMENT NOTICE YOU, AS OWNER OF THE EASEMENT LANDS (AS DEFINED BELOV�, HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE EASEMENTS (AS DEFINED BELOV� WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. THIS EASEMENT PURCHASE Agreement is dated "� , 2012, but effective for all purposes as provided in this Agreement, between Bettye L. Martin (the "Owner") and the City of Denton, Texas ("City") WITNESSETH: WHEREAS, Bettye L. Martin is the Owner of a tract of land (the "Land") in the O.S. Brewster Survey, Abstract Number 56, Denton County, Texas being affected by the public improvement Project called the Bonnie Brae Widening and Improvements Project ("Project"); and WHEREAS, City is in need of certain easements in, along, over, upon, under and across the tract of land described above 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 easements for the Project; NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby acicnowledged, the parties agree as follows: 1. At Closing, the Owner shall grant, execute, and deliver to the City (i) an easement in, along, over, upon, under and across the tract of land being described and depicted in Exhibit "A" (the "Utility and Slope Easement Lands"), to that certain Utility and Slope Easement attached hereto as Attachment 1 and made part hereof, for utility and slope purposes, as more particularly described therein (the "Utility and Slope Easement"); and (ii) an easement in, along, over, upon, under and across the tract of land being depicted and described in Exhibit "A" (the "Temporary Construction, Grading and Access Easement Lands"), to that certain Temporary Construction, Grading and Access Easement attached hereto as Attachment 2 and made part hereof, for temporary construction, grading and access purposes, as more particularly described therein (the "Temporary Construction, Grading and Access Easement"). (The Utility and Slope Easement Lands and the Temporary Construction, Grading and Access Easement Lands are collectively referred to herein as the "Easement Lands"). The Utility and Slope Easement shall be in the form as attached hereto and incorporated herein as "Attachment 1", and the Temporary Construction, Grading and Access Easement shall be in the form as attached hereto and incorporated herein as "Attachment 2" (the Utility and Slope Easement and the Temporary Construction, Grading and Access Easement are collectively referred to herein as the "Easements"). 2. As consideration for the granting of the Easements, the City shall pay to Owner at Closing the sum of Seven Thousand and Sixty Nine and No/100 Dollars ($7,069.00) as compensation for the Easements. 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, those areas of concrete driveway flatwork 2 within the Easement Lands, as depicted in Attachment 3, attached hereto and made a part hereof for all purposes. The concrete driveway flatworlc shall be reconstructed in a worlcmanlilce manner, using materials comparable to that of the existing concrete driveway flatworlc. Any private service lines or irrigation lines situated within the Easement Lands and affected by the Project, shall be either repaired or rearranged, at the sole cost and expense of the City of Denton, as field conditions warrant. The worlc prescribed in this Section 3 is herein referred to as the "Driveway Work". 4. Owner stipulates that the Total Monetary Compensation �ayment and the Driveway Worlc constitutes and includes 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, damage to and/or costs of repair, replacement andJor relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of any kind located within the Easement Lands related to activities conducted pursuant to the Easements, 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 herself, her heirs, devisees, successors and assigns, 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. 5. The Closing (herein so called) shall occur in and through the office of Universal Title Agency, LLC, dJb/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 3 which is 60 days after the Effective Date, unless the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). The Owner shall convey the Easements free and clear of all debts, liens and encumbrances. The Owner shall assist and support satisfaction of a11 closing requirements in relation to solicitation of release or subordination of liens and encumbrances and other curative efforts affecting the Easements, if necessary in the discretion of the City. 6. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. 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. 7. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this Agreement. 8.A. In the event Owner shall default in the performance of any covenant or term provided herein, and such default sha11 be continuing after ten (10) days written notice of such 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 or termination of this Agreement. 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 4 to cure, Owner may, as her 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. 9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 10. From and after the date of execution of this Agreement by Owner to the date of Closing, Owner shall not (i) convey or lease any interest in the Easement Lands; (ii) enter into any Agreement that will be binding upon the Utility and Slope Easement Lands or upon the Owner with respect to the Utility and Slope Easement Lands after the date of Closing; and/or (iii) enter into any agreement that will be binding on the Temporary Construction, Grading and Access Easement Lands at any time prior to the termination of the Temporary Construction, Grading and Access Easement. 11. Any notices prescribed or allowed hereunder to Owner and/or City shall be in writing and, except as otherwise provided herein, 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; 5 and (b) on the date of deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: OWNER: Bettye L. Martin Phone 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 City: Richard Casner, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 12. 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 subj ect matter of this Agreement. 13. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Easements. 14. 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 talcing of any portion of the Property, City may, at its election, terminate this Agreement at any time prior to Closing. L 15. Authority to talce any actions that are to be, or may be, taken by City under this Agreement are hereby delegated by City, pursuant to action by the City Council of Denton, Texas, to Frank Payne, P.E., City Engineer of City, or his designee. 16. If the Closing Date or day of performance of any act required or permitted hereunder falls on a Saturday, Sunday or legal holiday; then the Closing Date or day of performance, as the case may be, sha11 be the next following regular business day. CITY OF DENTON, TEXAS By. � �--` GEORGE C. CAMPBELL, City Manager Date: � , 2012 ATTEST: JENIVIFER WALTERS, CITY SECRETARY BY: Date: � , 2012 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � � � , � Date: , 2012 Owner: Bettye L. Martin 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 dlb/a/ Universal Land Title of Texas Attn: Elizabeth Bobo 2650 Bardin Road, Suite 101 Grand Prairie, Texas 75052 Telephone: (972) 206-7570 Telecopy: (972) 206-2870 : Printed Name: Title: Contract receipt date: , 2012 7 s:llegallour documentslcontracts1121martin - utility and slope esmt.doc ATTACHMENT 1 TO EASEMENT PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. THE STATE OF TEXAS COUNTY OF DENTON UTILITY AND SLOPE EASEMENT �, � KNOW ALL MEN BY THESE PRESENTS: THAT Bettye L. Martin ("Grantor"), whose mailing address is 1712 S. Bonnie Brae Street, Denton, Texas 76207, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GR.ANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual utility and slope easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the O.S. Brewster Survey, Abstract Number 56 to Wlt: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining utilities and lateral slope, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, worlcmen and representatives, for the purposes set forth herein, including without limitation, the malcing additions to, improvements on and repairs to said facilities and/or lateral slope features or grade or any part thereof. This Easement is subject to the following covenants and agreements: l. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any lund, 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 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 Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may encroach 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 make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. 2 Witness my hand, this the _ day of Grantor: : Bettye L. Martin THE STATE OF TEXAS COUNTY OF DENTON Date; ACKNOWLEDGMENT �� This instrument was acicnowledged before me on Bettye L. Martin. My Commission Expires: Accepted this day of Texas (Ordinance No. 2012- ). IC Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 2012. 2012, Notary Public, in and for the State of Texas 3 2012, by 2012, for the City of Denton, PAGE 1 OF 2 � 0 O , �� R � � 1792 3. 60NNIE BRAE TAACT 12 BETTYE L. MARTIN INST. N0. 2009-75194 • n.a.o.c.-r. � ��, � ,�-" ti ;� ; � I 1� � � , �, LOT !R-i, BLOCN A I � 4� �y LI9ER7Y CHRISTIAN I �I � ti BCHDIX. AOOI7ION � � CAB� R, PG. Sei � i� i � P.R.D.C.T. � II � � � � � �, � i � i � �� i • � �� i i i � i L — .... . J � 1 i � i f6l6 S. BONNIE�BRAG- — -• � SI TNACT !1 11NIVERSiT.Y OF NORTH TEXAS � � IHST,NO. 06-i0H600 � ti h.p.n.C.T. � � 569'25'S9"E ; 4 � � � � � � � -- i � �� i ,�I. ; Noo �a4 � ae°w `�� L I; 900.74' � 1 -� Iti ��,�� seeso2oo°„W CR�,� !7!� 8. 6�NNIE BRAE 7HACT 33 !� BE7TYE L. MARTlM IN37. N0. 2009-7519A n.a,o.c.T. lBf4 S. B�ND1xE BRAE L0T 2 BLOCK A JD� ABBEY � ]8f2 S. BDNNIE BRAE � lo JaE Ae�eY{ A-- � i i 6LDCI( � � i ITION .� � iTH11 � ` r� L y ; 1 — u 1 � j � i iBiB 3. 80NNIE BpAE ' LO JDE A ECY A i I �� i i 1 �I 1 1 � � ; ti � FNO !/2' '20'37 BB.9B' V, Y �� a �� H s O� � � ��0 � w "EXHIBIT A" - Page 1 of 4 to Utility Slope Easement �� W � �� 1'34'OB"E 100.42' UNIYER5ITY OF NORTN TE1fA9 VDL,2B4, pG.BO o.A.o.c.r. �� /� /j �l �� . i I BA5I5 OF BEARING I5 W�ATH AMERICAN DATUM OF l983 (NAD-63) STATE PLAiJE COORDINATE SY5TEM, TEXAS NORTH CENTRAL. P7rUSE—i BEING A 1,UOB SQ.�'T./0.02 ACRE � UTILITY & SLOPE EASEMENT SITUA.TED IN THE �.5. BREWSTER SURVEY, ABSTRACT i�TO. 56 � DENT�N' COUNTY, TEXAS Graham Associates inc. GAAPHIC BCALE i�-�oo• � CONSULi1N0 ENflINEERS PI.�NNERS � �00 SIIL FLA93 Dpl�e I�ITE 600 0 50 100 i50 � ArtIJNo7oN, TExAS %�� :M� '� m DATE: AUGUST 2011 i6PE FlRIA� F-floi I J/Dentan/P7-U5E-i I Page 2 af 2 PARCEL 7-USE-1 LEGAL DESCRiPTION UTiLYTi� & S�,OpE EASEMENT "EXHIBIT A" - Page 2 of 4 BETNG a 0.02 acxe tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Tract 12 as conveyed to Bettye L. Martin as recorded in Instrument No. �2009-75194, Deed Records, Denfion County, Texas, and being nr�ore particularly dascribed by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point being the northeast cornex o� a tract conveyed tu University of North Texas, as recorded in Insh�ument No. OS-105600, Deeds Records, Denton County,� Texas, and being in the e�isting west right-o� way line of Bonnie Brae Street (having a variable width R.O.W.); � THENCE South UO°20'37" West, along said existing west right-of-way line, a distance of 88,98 feet to a point for the POINT OF BEGINNING, said point being the southeasf coruex of said University of North Texas tzaci and the noxtheast corner of said Tract 12; THENCE South 00°34'OS" East, along said e�isting west r�ght-of-way line, a distance of 100.42 feet to a point for corner, said point being the northeast corner of Txacts 13, 14 as conveyed to Bettye L. Martin as reaorded in Instrument Na. 2009-75194, Deed Records, Denton County, Texas, being a common Iine; � THENCE South 88°42'40" West, leaving said existing west right-of-way line and along said cornmon liue, a distance of 10.00 feet to'a point for corner; THENCE North 00°34'08" 'West, Ieaving said comrnon line, a distance of 100.74 feet to a point for cornex, said point being in the north line of said Tract 12, and the south line of said University of North Texas tract, being a common line; THENCE Sauth 89°25'S9" East, along said common line, a distance of 10.00 feet to the POINT OF BEGJNNING and CONTAINING 1,006 square feet, �.02 acres af land, more ox Iess, ' . . pZ - ��" �.�' `r pa�E i oF z � � � � � Y � � ��- � �3 �,�,2b G�' �� 1714 5. BONNIE BRAE TRACT 13, 14 BETTYE L. MARTIN INST, N0. 20�9-75194 D,R,D.C.T. !B 4 S, BONNIE BpAE oT 2, 9LOCK A JOE ABHEY � -' � f � � � �I = �or ta-!. S�acK n t I � LSCHODL AODITIONN � I� � CAB. R, PB. SB! � II i P.R,O.C.T. � �I i S �, � 1 �' ,i �� .J 1 � 1�_..+ �6l6 5. 6oNHX� HRAE TRACT !1 � UNIVERSISY DF NDRTH 7�XAS INST,NO. D6-f08600 � � o U,A.D.C.T, ' I �,Y �—i 1712 9, 90NNI� BRAE � I THACi !2 BETTYE L. MAHTIN � ,� SN6T. N0. 2DOB-75SBg� � o.A.n,c,t, i� NBB'42'40"�E� -� so.00� -i� � �o o� Nm u� � o '� 0 � see•i��5a��w - io.ao� _._ !B!2 S. BONNIE BRAE �I LO J�� ABBEY � 9LOCK A � I7IDN I. 81f �c .T. � — - i lBf6 B. BONNIE BRAE ^ {{ LOT 8 BLOCK A I JD� ABBEY , � � � � � � i ti ti `� t � � � � � � i ; ; , � i � �� ' �I ' a� � X pq o �� A7 � 0 "_ �� o� w a W i��Yi y' FND ti i , , "FtXHIBIT A" - Page 3 of 4 I.R r,! 1 1 /� rr �� 1\ � \\ \ `\ ��J�� , r � � U� 4 UNXV�ASI7Y oF NoR7H 7E%AS VOL.264, P0,50 D.A.A�C.T, I BA5I5 oF 9EARTNG I5 Nop7H AMEAICAN DATUM OF 9983 (NAD-63) STATE PLANE COORDINATE SYSTEM, TEXAS NOp7H C�NTRAL.. Pe--USE-1 � SEING A 1,184 SQ.FT./U.D3 ACR� UTILITY & SL�PE EASEMENT SITUATED IN THE O.S. BREWSTER SURVEY, ,ABSTRACT N0. 56 DENTON C�UN�`Y', TE�AS ^ Graham Associates Inc. /(�� CON58�71N�% �C�INpEE�� ,P�iJ��EftS `: �! AAUNOroN. 7FxAS 7eot1 si Ho-ns3s 1HPE FlMt: f-1191/i!lPLS � 101636-00 � n GRAPHIC 9CALE 9'�l00' D 5a f0o i50 DATE: AUGUST 2011 J/�enton/PB-USE�� Page 2 of 2 PARCEL 8-USE-1 LEGAr, DESCRIPTION UTlL�TY & SLOPE EASEMENT "EXHIBIT A" - Page 4 of 4 BEING a 0.03 acre t�act of Iand situated in the O.S. Brewster Survey, Abstract No, 56, Denton County, Taxas, beixig a portion of Tr�cts 13, 14 as conveyed to Beftye L. Martin as recorded in Tnstrument No, 2009-7519A�, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNFNG at a�ound 1/2 inch iron rod, said point being the southeast corner of said Tracts 13, 14, and being in the existing west right-of way line o;f Bon�ie Bxae S�reet (having a vaziable width R.O.W.); THENCE South 88°13'54" West, along said exis�tirig west right-of way line, a distance of l O.Q� feet to a point for corner, said point being the in the south line of said Tracts 13, 14, and being the northeast cornex of Lot 1, Block A, as xecorded in Cabinet W, Page 811, Plat Records, Denton County, Texas, being a cornmon line; THENCE North 00°52'06" West,leaving said existing west right-o%way 1ine, a distance of 118.40 feet to a point for corner, said pomt being in the north line of said Tracts 13, 14, and being in the south line of Tract 12, as eonveyed io Bettye L. Martin as recorded in Tnstrument No. 20�9-751.94, Deed Records, Denton Couniy, Texas, being a common ]ine; . THENCE North 88°42'40" East, alang said common line, a distance of 10,00 feet to a paint for corner, said �oint being in the e�i.stin�g west right-of-way line of said Bonnie Brae Street; � • THENCE South 00°52'06" East, along said existing west right-of-way line, a distance of 118.31 feet to the POINT OF BEGINNING and CONTAINING 1.,184 square feet, 0,03 acres of land, more or less. . G8��3�ZerY. s:llegallour documents\contractsU2lmartin - tce.doc ATTACHMENT 2 TO EASEMENT PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT THE STATE OF TEXAS, . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Bettye L. Martin ("Grantor"), whose mailing address is 1712 S. Bonnie Brae Street, Denton, Texas 76207, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufiiciency of which is hereby acknowledged, has GR.ANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a 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 O.S. Brewster, Abstract Number 56 to wit: PROPERTY DEPICTED AND 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 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, worlcmen, and representatives sha11 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 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 my hand, this the day of , 2012. Grantor: By; Date: , 2012. Bettye L. Martin ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on Bettye L. Martin. 2012, by Notary Public, in and for the State of Texas My Commission Expires: � Accepted this day of , 2012, for the City of Denton, Texas (Ordinance No. 2012-�. : Paul Williamson Real Estate Manager AFTER RECORDiNG RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 3 PAGE 1 OF 3 � �� 0 W � 7 � 1772 5. B�NNIE BRA TRACT 12 BETTYE L. MAR7IN INST. N0. 2009-7599 o.A.o.c.T. �� t�� 4 �� ry�'�� . ��— t I LOT !R-!. BLOCK A I L5CHOOL A��ITION � CA9. R. P0, iHi ( P.R.O.C.T. � 1 I � POIIri'1' 4F- HEGINNiNG E C4 �F 4 C3—� C2 � m1; J� L� C1 l714 8. tloNNI6 BAAE TRACT !3 14 BET7YE L. {IARTIN IN6T. ND. 2009-7519� O.R.D.C.T. 1814 8. 90NNIE BRAE Lo JoE� ABBEY A I� ' � �I ; � �� i� � �� i �� i II � I I � � i —"t' ' i , � s � 5 n� M m, '9 � l N� � o� � I f , "E��IBIT A" - Page 1 of 5 � to Temporary Construction, � Grading and Access Easement i i ti ; , � � � i � � i ! POINT �MMEP FND 1/2' � � I ,� � 1 �_ „ , _ I ' � I ' �o 1 � ¢ I ;� � � � � N O i � a ��I � o i R1 � v � — — �"" . � �+ � � - ym I� � I`�g I � w iBf2 S, BONNI� BRAE �� JDE ABL6EY � -- BLDCK A IT B11 SB LOT �9.8 BLOCK A AE yr JOE AtlBEY ��}•4r ��(pr 0 UNIVEFSITY OF NORTH TE%A9 YOL,2B4, PG.5D O,R.D.C.T. �� ' /!, � � � � � ��i i ~ ti II i � ', � ti �\ i i �\ � � \` i i � � i i i � � i � i � i � � � i i � � � � � ti � 1 �i i � n GHAPHIC SCALE !'�100' 0 50 !00 15Q �a z3:e7� 5as•Z5�g9•� P7—TCE-1. BEING A BASIS oF B�ARTNG I5 NDRTH AMERICAN dATUM 2�4fi5 SQ.FT.��.06 ACRE oF iga3 cNa,o-esy STATE PLANE COORDINATE TEMPORARY CONSTRUCTTON EASEMENT SYS7EM, T�XAS NORTH CENTRAI. SITUATED �N THE O.S. BREWSTER SURVEY, Graham Associates,lnc. A-BSTRACT N0. 5fi � CONSUL11Nf3 ENOINEERS � PLANNERS DENTON COUNTY', TEXAS eoo stx Fuos nRH'� sU11E 600 ��°ia= ��is ��iu� �m�oo DATE: AUGUST 2091 J/Oanton/P7-TGE-i Page 2 of 3 "EXHIBIT A" - Page 2 of 5 PARCEL 7-TCE-1 LEGAT., bESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 0.06 acre tract of land situated in the D.S. Brewster Survey, Abstract Na. 56, Denton County, Texas, being a portion of Txact 12 as conveyed to Bettye L. Martin as recorded in Inshuxnent No. 2009-75194, beed �tecords, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCIl�TG at a found 1/2 inch iron rod, said point being the northeast corner of a tract conveyed to University of Norih Texas, as rec�rded in Instrument No. OS-10560�, Deeds Records, Denton County, Texas, and being in the existing west xight-of-way line of Bonnie Brae Stzeet (having a variable width R.O.W.); � TTiENCE South 00°20'37" Wesi, along said exisiing w�st right-of-way line, a distance of 88.98 feet to a point, said point being the southeasi corner of said University of North Texas tract and fihe northeast coxner o;f said Tract 12, being a common line; TfiENCE North 89°25'S9" West, leaving said existing west right-of=way line and along said common line, a distance of 14.0� feei to a point for the POTNT OF BEGINNING; THENCB South 40°34'08" East, leaviurtg said common line, a distance of 98.58 feet to a point for corner, for the beginning of a non,tangent curve to the right haviug a xadius of 45.a0 feet and a central angle of 41°57'06", and a long chord which bears N'orth 62°58'28" West, 32.22 feet; TI�ENCE along said non-tangent curve to the right an arc distance of 32,95 feet to a point for corner; � THENCE South 89°32'S7" West, a distance of 10.07 #'eet to a point for corner; THENCE North 00°27'03" West, a distance of 25.97 feet to a point for corner; THENCE North 89°57'13" East, a distance of 6.78 feet to a point for corner, for the beg�inning of a non-tang�nt curve to the right having• a radius oi 55.00 feet and a oentral angle of 26°53'25" and a long chord which bears North 39°00'23" East, 25.58 feet; THENCE along said non-tangent cuz ve to the right an arc distance of 25.81 feet to a point for corner, for the beginning of a reverse curve to the left having a radius of 25, QO feet, a central angle of 20°21'53 ", and a long chord which bears North 42° 16'09" �ast, 8,84 feet; THENCE along said reverse curve to the left an arc distance of 8.89 feet to a point for corner; � Page 3 of 3 "EXHIBIT A" - Page 3 of 5 T�ENCE North 32°OS'12" East, a distance of 7,64 feet to a point for corner, for the beginning of a�ion-tangent curve to the lefi having a radius of 20.00 feet and a central angle of S°58'16" and a long chord which bears North 21°14'40" East, 2.08 feat; THENCE along •said non-tangent curve to the left an arc distarace of 2.08 feet to a point for corner; ' . THENCE South 89°44'08" West, a distance of 19.36 feet to a point for corner; THENCE North 0�°22'02" West, a distance oF 23.53 feet to a point for corner, said point being in the north line of said Tract 12, and the south line of said Universiiy of North Texas tract, being a cornmon line; THENCE South 89°25'59" �ast, a distance of 23.87 feet to the POINT OF BEGINNING and CONTAINING 2,A�65 square feet, O.Q6 acres of land, more or less. PAGE f OF 2 � � � f i! � ; I I� ; ; LOT SR^! eLa� A I I �� LIBERTY �CHA]STIAN �I � 1 SCHOOL AOOITION � � i ° CAB. R, A�, SB� � II P.R,U.C.T� I II i � � �� i � �� i i � � � �� ^ � .> i � � i _ _-- —�. - •� � i61B 6. BONNIE HRAE � � UNIVEA6I TY OF NOATH 7EXABI x v INST.N�. 05-706fi0D � o � 6,R.U.C.T. I I� � i � � nr D � �. � Y" � � �� S�' • �`��,�� f:1�� 1714 S, eONNIE 6RAE 7�IACT 13, 14• BET7YE L. MAR7TN TNST. N0. 2009-75194 O.H.D,C,T. 1712 S� BONNIE BRdE �/I THACT i2 , 9ETTYE L. HARTIN ,� IN9T. ND. 20DC-78194� � D.R.U.C.T. �I `� � � NB8'44'5i"� � � 32.00' � Noo •se � os°w --,�,� �e. oo � _ �� / 588 '44' 57"W •.J� �2.00� pOINT OF BEGINNING_ _ SBl2 6. BO}WIE BAAE LO J�� A66EY A t07s ! - 3. BLooK A A6BEY UOITION CA9. N, PG. 91f P.R. .C.T. lB14 S. BONNIE BRAE � LOJO� ABBEY A -- l816 6. BONNIE BRAE LOT 3 BLOCK A JOE� ABOEY � � o � i i � � O � ��L� i 4 I g� i �Z i i i ti '� ti ti �� i � � � i ' i ' � � � � � � � � � � � � , I i �r , � , . � � �l , � �� $ ,� � yL� � i J` ' 1 I �i � i ti ti g 4 �ti ui � 1 ,. 1 t - i � � i - i i r i i i i � � � � i � � � � � � i i l i l 1 r ti �i i m �i p� ri �� P�4 � �� O �' 0p� P4 IT A" - Page 4 of 5 �� '`� ��Ct' � �� IJNIYERSITY OF NOH7H iEXAB VIX.�29q PG.6D D.R.O.C.T. J �SDO 'fi2' 06"E 28.00' ].H ' 13' 54"f o.00� �� i� /� (I `� � �` \�\ � BASIS OF BEAAING I5 NDRTH AMERICAN DATUM OF 19B3 (NAQ-83) 5TA7E PLANE COORDINATE 5Y5TEM, TEXAS NORTH CENTRAL. P8-TC�-i BEING A 89s SQ.FT. 0.02 ACRE TEMP�RARX C�NST UCTION EASEMENT SITUAT�D IN THE O.S. BREWSTER SURVEY, � ABSTRACT .NQ. 56 DENTOIV C�UNTY, TEXAS � Groham Associates�lnc. CONSULTING ENCINEERS �C PLANNERS aoo ex Fuas nRl sUItE aoo uiuHOlon, mus 7emt et� e�o-eaae 78PC flHM� F-11a1/mrLS 1fi 1ot6s6-o0 n GRApHTC SCALE !'�l00' 0 50 100 150 dA7E: AUGLJST 2D�.1 J/Ochton/PB-TCE-i � Page 2 of 2 "EXHIBIT A" - Page 5 of 5 PARCEL 8-TCE-1 LEGAL DES CRIPTION TEMPORARY CONSTRUCTION �ASEMENT BEING a 0.�2 acre tract of land situated in the O.S. Brewster Survey, Abstxact No. 56, Denton Couzity, Texas, being a portion of Tracts 13, 14 as coz�veyed•to Bettye L, Mariin as recarded in Inst��ument No. 2009-75194, Deed Records, Denton County, Texas; and being more particularly described by metes and bounds as �'ollows: COMMENCING at a found �/2 inch irox� xod, said point being the southeast corner of said Tracts 13, 14, and being in the existing west right-af-way line of Bonnie Brae Street (havyng a variable width R,O.W.); � Ti�NCE South 88°13'54" West, along said existing west right af-way line, a distance of 10.00 feet to a point for the POINT OF BEGINNING, said point being i.n tha south line of said Tracts 13, 14, and being the northeast coiner of Lot 1, Blocic A, as recorded in Cabinet W, Page 811, Plat Recoxds, Denton County, Texas, being a common line; THENCE South 88°44'S7" �iest, leaving said existing west right-of-way line and along sazd common line, a dzstance of 32.00 feet to a point for corner; THENCE North 00°52'06" West, leaving sa.id common line, a distance of 28,00 feet to a point fox corner; T�-TENCE Norkh 88°4�F'S'7" East, a distance of 32.00 feet to a poi.nfi %r corner; THENCE South 00°52'06" East, a di.stance of 28.00 feet to the POINT OF BEGINNING and C�NTAINll�IG 896 square feet, 0.02 acres of land, more or Iess, � G2 �25 • Z°' L ATTACHMENT 3 Bonnie Brae Widening and Improvements project Parcels 7 & 8 - Martin City of Denton, Texas February 2012