2012-169s:llegallour documentslordinances1121parkes offer ordinance.doc
oxDrNaNCE No. 2012-169
AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE (I) FEE SIMPLE TO A 7.36 ACRE TRACT; (II) A SLOPE EASEMENT
ENCUMBERING 0.33 ACRES; (III) A DRAINAGE EASEMENT ENCUMBERING 1.35
ACRES; AND (IV) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS
EASEMENT ENCUMBERING 0.03 ACRES, ALL LANDS LOCATED IN DENTON
COUNTY, TEXAS, AND SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT
NUMBER 400, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED
HERETO AND MADE A PART HEREOF, LOCATED GENERALLY 1N THE 3100 BLOCK
OF SOUTH BONNIE BRAE STREET (THE "PROPERTY 1NTERESTS"), FOR THE PUBLIC
USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A MiJNICIPAL
STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO MAKE AN OFFER TO JACK ARLYN PARKES AND WIFE, BETTY PARKES
(COLLECTIVELY, THE "OWNER") TO PURCHASE THE PROPERTY INTERESTS FOR
THE PURCHASE PRICE OF TWO HUNDRED FIFTY FIVE THOUSAND ONE HUNDRED
SIXTEEN DOLLARS AND NO CENTS ($255,116.00), AND OTHER CONSIDERATION, AS
PRESCRIBED IN THE PURCHASE AGREEMENT (THE "AGREEMENT"), AS
ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an initial offer to the Owner to purchase the
Property Interests on May 18, 2012, pursuant to Ordinance No. 2012-094, passed and approved
by the City Council of the City of Denton on May 1, 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; 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 malce 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 (a) execute for
and on behalf of the City (i) the Agreement, by and between the City and Owner, in the form
attached hereto and made a part hereof as Exhibit "B", with a purchase price of $255,116.00 and
other consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any
other documents necessary for closing the transaction contemplated by the Agreement; and (b) to
malce expenditures in accordance with the terms of the Agreement.
SECTION 4. The City Manager, or his designee, is directed, by certified mail, return
receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the
City relating specifically to the Owner's property and prepared in the 10 years preceding the date
of the offer made by the Agreement.
SECTION 5. The offer to Owner sha11 be made in accordance with all applicable law.
SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 7. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 7�� day of , 2012.
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MARK -. BURROUG S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
.
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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FL00� PRONE AREA AS DESIGNAT�D ON THE FLOOD INSURANCE BASIS OF BEARING IS NORTH AMEAICAN OATUM
RATE MAP FOR �ENTON COUNTY COMMUNITY PANEL 4B121C0370G, OF 1983 {NAO-83) STATE PLANE COORDINATE
EFFECTIVE �ATE APRIL 18,2011, SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35—ROW-1
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ABSTRACT N0. 400,
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BASIS OF BEARING I5 NORTH AMERICAN DATUM
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PARCEL 35—ROW-1
BEING A
320,390 SQ.FT./7.36 ACRE
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ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
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DATE; FEBRUARY 2012
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EXHIBIT "A" to Ordinance (Property Interests)
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1. A PaRTION OF THIS DEDICA7ION LIES WITHIN A FEOERAL
EMERGENCY MANAGEMENT AGENCY OESIGNATED FLOOD PLAIN OR
FLOOD PRONE AREA A5 DESIGNATED ON THE FLOOD INSURANCE
RATE hfAP FOR DENTON COUNTY COMMUNITY PANEL 48121C0370G,
EFFECTIVE DATE APRIL 18,2011.
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DOC, N0, 96—R0055800
O,R.�.C.T.
1/2" I.R.
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NOTE: 5ET 1/2" I,R. W/ GAI CAP 70
BE SET AT END OF CON5TRUCTION.
NOTE;
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BASIS OF BEARING IS NORTH AMERICAN �ATUM
OF 1983 (NAD-83) STATE PLANE COOFDINATE
SYSTEM, TEXAS NOR7H CENTRAL,
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320,390 SQ.FT./7.36 ACRE
RIGHT—OF—WAY DEDICATION
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
Graham Associates,lnc, DENTON COUNTY, TEXAS
. CaNSULTING ENGINEBRS dc PLANNERS
E00 SI1( FLAOS DRIVE, SUITE 50D
ARUNaTON, 1EXAS i6011 (617) 840-6636
THPE FlRM; F-11D1%iBPLS FlRMt 1016SB-00
SU'R�EY, �
GRAPHIC SCAIE 1'a100'
0 50 100 150
DATE: FEBRUARY 2012
J/�enkon/P35-ROW-i
Page 4 of 5
EXHIBIT "A" to Ordinance (Property Interests)
PARCEL 35-ROW-1
LEGAL DESCRIPTION
RTGHT-OF —WAY DEDICATION
Being a 7.36 acre tract of land situated in the James Edmonson Suivey, Abstraci No.400, Denton
County, Texas and being a portion of ihat 42 acre tract of Iand conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right=of-way line of Bonnie
Brae Street (having a variable width R,O.W.), and the existing souih right-of-way line of
Roselawn Drive (having a variable width R,O.W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way 1ine, a distance of 204.70 feet to a set 1/2 inch iron rod with GAI cap for
the PO1NT OF BEGINNING, said point being the northeast corner of a tract of land conveyed to
7ack Arlyn Parkes, save and except Tract 1, as recoxded in Volume 4073, Page 1207, Deed
Records, Denton County, Texas, '
THENCE South 89°29'48" East, continuing along existing said south right-of-way line, a distance
of 462, I � feet to a found wooden post for corner, said point being the northwest corner of a tract
conveyed to Longhorn Council Boy Scout Foundation, Inc, as recorded in Volume 450, Page 526,
Deeds Records, Denton County, Texas, being a common line;
THENCE South 00°54'17" East, leaving existing said south right-of-way line and along said
common line, a distance of 16b1,12 feet to a set 1/2 inch iron rod with GAI cap for corner, said
point being the southeast corner of said Jack Arlyn Parkes tract and being in the north line of a
tract conveyed to Marvin Henderson Estate Trust, as recorded in Ins#xument. No. 96-
R0055800, Deeds Records, Denton County, Texas;
THENCE South 80°10'16" West, along said north line, a distance of 352.17 feet to a set 1/2 inch
iron rod with GAI cap for corner, said point being in the proposed west right-of-way line of said
Bonnie Brae Street;
THENCE North 12°56'18" East, leaving said north line, and along said proposed west right-of-
way line, a distance of 761.45 feet to a set 1/2 inch iron rod with GAI cap for corner, for the
beginning of a tangent curve to the left having a radius of 852,50 feet, a central angle of
12°56'18", and a long chord which bears North 06°28'09" East, 192.1 Q feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve to
the left, an arc distance of 192.51 feet to a set 1/2 inch iron rod with GAI cap for corner;
THENCE North 00°00'00° West, continuing along said proposed west right-of-way line, a
distance of 755.40 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being the
most southerly point of a corner-clip;
EXHIBIT "A" to Ordinance (Property Interests)
Page 5 of 5
THENCE North 45°00'00" West, leaving said proposed west right-of-way line, and along said
corner-clip, a distance of 28.28 feet to a set 1/2 inch iron rod with GAI cap for corner, said point
being in the proposed south right-of-way line of Roselawn Drive (having a variable width
R.O.W,);
THENCE North 90°00'00" West, along said proposed south righE-of-way line, a distance of
315.51 feet to a set 1/2 inch iron rod with GAI cap for corner, said poinY being in the east line of
the save and except Tract 1 of Jack Arlyn Parkes tract;
THENCE North 07°04'48" East, continuing along proposed south right�of-way line and along
said east line, a distance of 16.83 feet to the POINT OF BEGINNAIG and CONTAINING
320,390 square feet, 7.36 acres of land, more or less.
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BASIS OF BEARING I5 NORTH AMERICAN DATUM
OF 1983 (NAO-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35-5E-1
BEING A
10,839 SQ.FT./0.25 ACRE
SLOPE EASEMENT
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENT4N COUNTY, TEXAS
.^ Graham Associates,inc.
CONSULTING ENGINEERS & PLANNERS
•t71 E00 61% FLAOS �RIVE, SUITE 600
�f� ARLJNQTON, TEKAS 76011 (817) 440-8635
1BPE FlRMc F-11Bf/7BPLS FlRM� 1ot638-00
SURVEY, n
GRAPHIC SCALE S'-l00'
50 100 150
DATE: OECEMBEA 2011
J/Denton/P35-5E-i
Page 3 of 4
EXHIBIT "A" to Ordinance (Property Interests)
PA.RCEL 35-5E-1
LEGAL DESCRTPTION
SLOPE EASEMENT
Being a 0.25 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found l/2 inch iron rod, said point being the southeast corner of a tract of
Iand conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of way line of Bonnie
Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of
Roselawn Drive (having a variable width R.O.W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way Iine and along existing
said south right-of-way line, a distance of 204.70 feet to � point for corner, said point being in
the proposed south righi-of-way line of Roselawn Drive (having a variable width R.O.W.), also
being the northeast corner of a tract of land conveyed to Jack Ar1yn Parkes, save and except
Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way 1ine, and along east
line of the said save and except Tract 1, a disiance of 16.83 feet to a point for corner;
THENCE North 90°00'00" East, leaving said east Iine, and continuing along said proposed south
right-of-way line, a distance of 315.51 feet to a point for corner, said point being the most
northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street
(having a 95' R.O.W.};
THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°00'00" East, along said proposed west right-of way line, a distance of 339.39
feet to a point for corner, being the POINT OF BEGINNING;
THENCE South 00°00'00" East, continuing along said proposed west right-of way line, a
distance of 416,02 feet to a point for corner, for the beginning of a tangent curve to the right
having a radius of 852.50 feet, a central angle of 10°55'03 ", and a long chord which bears South
OS°27'32" West, 162.20 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve to
the right, an arc distance of 162.44 feet to a point for corner;
THENCE North 79°04'S7" West, leaving said proposed west righi-oi way line, a distance of
25.OQ feet to a point for corner, for the beginning of a non-tangent curve to the left, having a
EXHIBIT "A" to Ordivance (Property Interests)
Page 4 of 4
radius of 827.50 feet and a central angle of 10°SS'03 ", and a long chord which bears Noith
OS°27'32" East, 157,44 feet;
THENCE along said non-tangent curve to the left an arc distance of 157,68 feet to a point for
corner;
THENCE North 00°00'00" East, a distance of 178,51 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 15.00 feet to a point for corner;
THENCE North 00°00'40" West, a distance of 237.51 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 10.00 feet to the POINT OF BEGINNING and
CONTAINING 10,839 square feet, 0.25 acres of land, more or less.
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VOL, 4073, PG. 1207
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BASIS OF BEARING IS NORTH AMEFICAN OATUM
OF 1983 (NAO-83) STATE PLANE COOROINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35—SE�2
BEING A
500 SQ.FT./O.Oi ACRE
SLOPE EASEMENT
IN THE JAMES EDM�NSON
ABSTRACT N0. 400, �
DENTON COUNTY, TEXAS
■^ Graham Associates,lnc.
CONSULTING EHGINEERS 8c PLANNERS
\L71 600 51% FlAGS GRIVE, SUITE 600
�r ARIINOTON, TEXAS 78011 (617) 6�10-85a6
'IBPE Fl RM: F-11B1fTBPLS FlRMI 101838-00
SURVEY, r"'
GRAPHIC SCALE !'-l00'
0 50 100 150
DATE; DECEMBER 2011
J/oenton/P35-SE-2
Page 2 of 2
EXHIBIT "A" to Ordinance (Property Interests)
PARCEL 3 S-SE-2
LEGAL DESCRIPTION
SLOPE EASEMENT
Being a d.01 acre tract of land situated in the 7ames Ednnonson Survey, Abstract No.400, Denton
County, Texas and being a portion of thai 42 acre traci of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded iu Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of
RoselawnDrive (having a variable widthR.O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the
proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line
of the said save and except Traci l, a distance of 16.83 feet to a poini for corner;
TH�NCE South 90°00'00" East, leaving said east line and continuing along proposed south right-
of-way line, a distance of 218.01 feet to a point for corner, being the POINT OF BEGINNING;
THENCE South 90°00'00" East, continuing along proposed south right-of-way line, a distance of
97.50 feet to a point for corner, said point being the most northerly point of a comer-clip with the
proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.);
THENCE South 45°00'00" East, along said corner-clip, a distance of 7,07 feet to a point for
corner;
THENCE North 90°00'00" West, leaving said proposed west right-of-way line, a distance of
102.50 feet to a point for corner;
THENCE North 00°00'00" East, a distance of 5.00 feet to a the POINT OF BEGINNING and
CONTAINING 500 square feet, 0.01 acres of land, more or less.
PAGE 1 OF 4
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THE CHAMBERLAIN TRUST
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JACK AR�YN PARKES
VOL, 4073, p6. 1207
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BASIS OF BEARING IS NORTH
OF 1983 (NAD-B3) 5TATE PL
SYSTEM, TEXAS NORTH CENTR
PARCEL 35-5E-3
BETNG A
3,194 SQ.FT./0.07 ACRE
SLOPE EASEMENT
IN THE JAMES EDMONSON SURVEY,
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Grdham Associates,inc.
� CONSULTiNG ENGINEERS dc PLANNERS
C00 SIK FLAOS DRIVE, SUITE �00
ARl1NOTON� iEXAS 76011 (817) 640-8636
THPE flRAI: F-tiet/Y6PLS FlRM: 101638-00
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ANE COOR�INATE
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GRAPHIC SCALE f'=100'
0 50 100 150
DATE: DECEhfBER 2011
J/Oenton/P35-SE-3
Page 2 of 2
EXHIBIT "A" to Ordinance (Property Interests)
PARCEL 35-5E-3
LEGAL DESCRTPTION
SLOPE EASEMENT
Being a 0,07 acxe tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County,
Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in
Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described
as follows:
COMMENCING at a found 1/2 inch �ron rod, said point being the southeast corner of a tract of land
conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records,
Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a
variable width R.O.W.), and the existing south right-of-way Iine of Roselawn Drive (having a variable
width R,O,W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south
right-of-way line, a distance of 204,70 feet to a point for corner, said point being in the proposed south
right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of
a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page
1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the
said save and except Tract 1, a distance of 16.83 feet to a point for corner;
THENCE South 90°00'00" East, leaving said east line and continuing along proposed south right-of way
line, a distance of 315.51 feet to a point for corner, said point being the most northerly point of a corner-
clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R,O.W.);
THENCE South 45°00'00" East, along said corner-clip, a distance of 14.14 feet to a point £or corner,
being the POINT OF BEGINNING;
THENCE South 45°00'00" East, continuing along said corner-clip, a distance of 14,14 feet to a point for
corner, said point being in the pxoposed west right-of-way line of said Bonnie Brae Streei;
THENCE South 00°00'00" West, contin.uing along said proposed west right-of-way line, a distance of
314.39 feet to a point for corner;
THENCE North 90°d0'QO" West, leaving said proposed west right-of-way line, a distance of 10.00 feet to
a point for corner;
THENCE North 00°00'00" East, a distance of 324.39 feei to the POINT OF BEGINNING and
CONTAINING 3,194 square feet, 0,07 acres of land, more or 1ess.
�� . � - --
PAGE 1 OF 2
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THE CHAMBERLAIN TRU5T
VOL, 4522, PG, 1336
D.R,D.C.T,
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COMMENCING
FND 1/2" I,R
SAVE 6 EXCEPT
TRACT 1
JACK ARLYN PARKES
VOL. 4073, PG. 1207
D,R,O,C,T,
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BASIS OF BEARING IS NORTH AMERICAN DATUM ��
OF 1983 (NAO-83) STATE PLANE COOROINATE
SYSTEM, TEXAS NORTH CENTRAL,
PARCEL 35--DE-1
BEING A
50� SQ.FT./0.01 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Grdham Associates,inc.
■ CONSULTING ENGINEERS dc PLANNERS
E00 SIX FLAOS ORIVE, SUITE S00
MLINOTON, iEffAS 7E011 (B17) 640-B536
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DATE: OECEMBER 2011
J/Oenton/P35-�E-1
Page 2 of 2
EXHIBIT "A" to Ordinance (Property Interests}
PARCEL 35-DE-1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
Being a 0.01 acre tract of land situated in the Jatnes Edmonson Survey, Abstract No.400, Denton
County, Texas and being a portion of that 42' acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R.O.W,), and the existing south right-of-way line of
Roselawn Drive (having a variable width R.O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way Iine, a dista.nce of 204,70 feet to a point for corner, said point being in the
proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and excepi Tract 1, as
recorded in Volume 4073, Page 1207, Deed Recoxds, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of way line, and along east lin.e
of the said save and except Tract 1, a distance of 16,83 feet to a poini for corner;
THENCE South 90°00'00" East, leaving said east line and continuing along proposed south right-
o£ way line, a distance of 315.51 feet to a point for corner, said point being the most northerly
point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a
95' R.O,W,);
THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point far
corner;
THENCE South 00°00'00" West, along said proposed west right-of-way line, a distance of 314.39
feet to a point for corner, being the POINT �F BEGINNING;
THENCE South 00°00'00" West, continuing along said proposed west right-of-way 1ine, a
distance of25.Q0 feet to a point for corner;
THENCE North 90°00'00" West, leaving said proposed west right-of-way line, a distance of
20.00 feet to a point for corner;
THENCE North 00°00'40" East, a distance of 25.00 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 20.00 feet to the POINT OF BEGINNING and
CONTAINING 500 square feet, 0,01 acres of land, more or less.
PAGE 1 OF 5
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TRACT 1
JACK ARLYN PAflKES
VOL. 4073, PG. 1207
O,R,O.C.T.
_ ''�.
EXHIBIT "A" to Ordinance (Property Interests)
THE CHAMBERLAIN TAUST
VOL. 4522, PG. 1336
o.R.o,c.T.
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1. THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY
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PARCEL 3 5— D E — F+ PANELA48121C0370AG,EPFE�TIVENDA�ENAPRILM9BN2011,
BEING A
4fi,054 SQ.FT./1.06 ACRE
DRAINAGE EASEMENT
IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
^ Graham Associdtes,lnc.
((�,� CONSULTING ENGINEERS dc PLANNERS
E00 SIX FLAOS pR11�E, SUITE 600
VJ MLIN�TON� 1EKA3 76011 (817) 440-8535
TEPE FlfiMt F-11o1/T6PLS FlRM: 1oi639-00
SURVEY, n
GfldPHIC SCALE !'�500'
0 50 100 150
DATE; FEBRUARY 2012
J/�entan/P35-OE-2
PqGE 2 OF 5
EXHIBIT "A" to Ordinance (Property Interests)
SEE SHEET
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!. THIS EASEMENT LIES WITHIN A FEOERAL EMERGENCY
MANAGEMENT AGENCY ❑ESIGNATE� FLOOD PLAIN OR
FLOOD PRONE AREA A3 DE5IGNATEO ON THE FL000
INSURANCE RATE MAP FOp �ENTON COUNTY COMMUNITY
PANEI. 48121C0370 G, EFFECTIVE DATE APFIIL 18, 2011.
PARCEL 35—DE-2
BEING A
46,054 SQ.FT./1.06 ACRE
DRAINAGE EASEMENT
SITUATED IN THE �'AMES EDM4NSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
■^ Graham Associates,lnc.
CONSULTING ENGINEERS dc PLANNERS
\l71 E00 SI% FL10S URIVE, SUISE 500
�'�� ARUNOTON, �x�ts �eo�t (si�j a�o—ee�a
TBPE flRMi F-1181/THPL9 FlRA(; 1013S3B-00
SURVEY, r"'
ORAPHIC SCALE 1'�f00'
0 50 100 150
DATE: FEBRUARY 2012
J/Denton/P35-�E-2
PAGE 3 OF 5
,`�
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:
N01'17'40"W
155.49'
TOMMY R. HOLAMON
VOL. 5164, PG. 641
D,R,O.C,T.
EXHIBIT "A" to Ordinance (P►•operty Interests)
SEE SHEET 2
N71 '40'.47"E
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VOL, 4073, PG, 1207
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i. THIS EASEMENT LIES WITHIN A FEOERAL EMERGENCY
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IN5URANCE RATE MAP FpR �EN70N CDUNTY COMMUNITY
PANEL 48121C0370 G,EFFECTIVE ❑ATE APRTL 18,2011.
PARCEL 35—DE-2
HEING A
46,054 SQ.FT./1.06 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONS�N
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
■^ Graham Associates,inc.
CONSULTINC ENGIN�ERS dc PLANNERS
1\71 000 SIX FLAGS �RIVE, SUITE b00
��� ARLINOTON, TElfAS 76011 (817i �40-8536
1HPE flRM: F-1191/iHPLS FlR6fl 101638-00
SURVEY, �
GRAPHIC SCAIE i'-f00'
0 5� 100 150
DATE; FEBRUARY 2012
J/Denton/P35-OE-2
Page 4 of 5
EXHIBIT "A" to Ordivance (Property Interests)
PARCEL 35-DE-2
LEGAL DESCRIPTION
DRAINAGE EASEMENT
Being a 1.06 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more .
particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Beity Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R.O.W.), and the existing south right-of way line of
Roselawn Drive (having a variable width R.O.W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the
proposed south right-of-way Iine of Roselawn Drive (having a variable width R,O.W.), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line
of the said save and except Tract 1, a distance of 16,83 feet to a point for comer;
THENCE North 90°00'00" East, leaving said east line and continuing along proposed south right-
of-way line, a distance of 315.51 feet to a point for corner, said point being the most northerly
point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a
95' R.O.W.); .
THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°00'00" •East, along said proposed west right-of-way line, a distance of 755.40
feet to a point for corner, for the bei.ng the begituvng of a tangent curve to the right having a
radius of 852.50 feet, a central angle of 12°56'18" and a loztg chord which bears South 06°28'd9"
West, 192.10 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve to
the right, an arc distance of 192.51 feet to a point for corner;
TFIENCE South 12°56'18" West, continuing along said proposed west right-of-way line, a
distance of 486,92 feet to a point for corner;
THENCE North 77°03'42" West, leaving said proposed west right-of-way line, a distance of
184.47 feet to a point for the PO1NT OF BEGINNING; ,
THENCE South 33°OS'49" West, a distance of 54.95 feet to a point for comer;
EXHIBIT "A" to Ordinance (Property Interests)
Page 5 of 5
THENCE South 74°08'18" West, a distance of 249.51 feet to a point for corner, said point being
in the west line of said Jack Arlyn Parkes tract and being in ihe east line of a tract of land
conveyed to Tommy R. Holamon, as recorded in Volume 5164, Page 641, Deed Records, Denton
County, Texas, being a common line;
THENCE North O1°17'40" West, along said common line, a distance of 155.49 feet to a point for
corner;
TI�NCE North 21 °36'5�" West, continuing along said coxnmon line, a distance of 102,48 feet to
a point for corner;
THENCE North 71°10'47" East, leaving said common line, a distance of 70.67 feet to a point for
cortaer; �
TFiENCE South 56°54'11" East, a distance of 291.72 feet to the POINT OP BEGINNING and
CONTAINING 46,054 square feet, 1.06 acres of Iand, more or less.
PAGE 1 OF 5
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JACK ARLYN PARKES
40L, 4073, pG. 5207
D.R,�.C.T.
�-: '..k :.
EXHIBIT "A" to Ordinance (Property Interests)
TNE CHAMBERLAIN TRU5T
VOL. 4522, PG. 1336
o.R.o.c.r.
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BASIS OF BEARING I5 NORTH AMERICAN DATUM '�
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1. THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY
MANAGEMENT AGENCY OESIGNATEO FLOOD PLAIN OR
FL00� PRONE AREA AS OE5IGNATED ON THE FLOOD
PAR C E L 3 5— D E — 3 PANELA48121C0 70AG,EFFECTIVENDATENAPRILM98�201l,
BEING A
12,344 SQ.FT./0.28 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY,
ABSTRACT N0. 400,
DENTON COUNTY, ' TEXAS
� Graham Assaciates,lnc.
■ CONSULTING ENGINEERS dc PlANNERS
E00 SIX FLAaS ORIVE', SUITE 800
ARLINO70N, TEKAS 76011 (817) 640-9835
THPE FlRM� F-11B1/iBPLS FlRM: 101638-00
n
GpAPHIC SCAL6 1"n100'
0 50 100 150
pATE: FEBRUARY 2012
J/Dentan/P35-DE-3
PAGE 2 OF 5
EXHIBIT "A" to Ordinance (Property Interests)
SEE SHEET
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JACK ARLYN PARKES
VOL. 4073, PG. 1207
�,R.D.C.T.
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BASI5 OF BEARING IS NORTH AMERICAN DATUM
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i, THIS EASEMENT LIE9 WITHIN A F�oEqAL EMERGENCY
MANAGEMENT AGENCY �ESIGNATED FL000 PLAIN OR
FLOOD PRONE AREA AS DESIGNATEp pN THE FLOOD
INSURANCE RATE MAP FOR DENTON COUNTY COMMUNITY
PANEL 48121C0370 G,EFFECTIVE �ATE APFiIL iB,2011.
PARCEL 35--DE-3 �
BEING A
12,344 SQ.FT./0.28 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY, �
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
■ CONSULTING ENGINEERS dc PLANNERS
E00 SIX FLACS DRIVE, SU{TE 60D
ARUNGTON, TEXAS 79011 (817) C4O-B636
iHPE FlRAIt F-1191/THpLS FlkiM: 101638-00
GRAPHIC SCALE i'=l00'
0 50 100 �5D
DATE: FEBRUARY 2012
J/Oentan/P35-DE-3
PAGE 3 OF 5
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TOMMY R. HOLAMON
VOL. 5164, PG. 641
D.R.�.C.T:
EXHIBIT "A" to Ordinance (Property Intei•ests)
SEE SHEET 2
,
, _ . JACK ARLYN PARKES
VOL, 4673, PG, 1207
. D.R,D.C.T.
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DOC. N0, 96-R0055800
O,R,D,C.T.
NOTES:
i. THIS EASEMENT LIES WITHIN A FEOERAL EMERGENCY
MANAGEMENT AGENCY QESIGNATED FLOOD PLAIN OA
FLODO PRONE Al�EA AS DESIGNATED aN THE FLOOD
INSUFANCE FATE MAP FOR DENTON COUN7Y COMMl1NITY
PANEL 48S21C0370 G,EFFECTTVE DATE APAIL 18,2011.
PARCEL 35-DE-3
BEING A
12,344 SQ.FT./U.28 ACRE
DRAINAGE EASEMEIVT
SITUATED IN THE JAMES EDMONS�N SURVEY, n
ABSTRACT N�. 400,
DENT4N COUNTY, TEXAS
I ^ Grdham Associates,lnc.
■ CONSULTING ENGiNEERS dc PLANNERS
\LJI E00 SIX FUOS �RIVE, SUI7E E00
~V AR�NOTON, 7EKA5 76�11 (817) �4D-H635
iHPE FlRM: F-11G1/1BPLS FlRf,f 1016J8-00
GRAPHIC SCALE !'=100'
D 50 400 150
pATE; FEBRUARY 2012
J/Denton/P35-OE-3
Page4of5
EXHIBIT "A" to Ordinance (Property Interests)
PARCEL 35-DE-3
LEGAL DESCRIPTION
DRAINAGE EASEMENT
Being a 0.28 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
, particularly described as follows;
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of
Roselawn Drive (having a variable width R.O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way lina, a distance of 204.70 feet to a point for corner, said point being in the
proposed south right-of-way line of Roselawn Dzive (having a variable width R.O,W.), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
TFiENCE Soutkz 07°04'48" West, along said proposed south right-of-way Iine, and along east line
of the said save and except Tract l, a distance of 16.83 feet to a point for corner;
THENCE North 90°00'�4" East, Ieaving said east line and continuing along proposed south right-
of-way line, a distance of 315,51 feet to a point for corner, said point being the most noitherly
point of a corner-clip with the proposed west right-of way line of Bonnie Brae Street (having a
95' R.O,W.);
THENCE South 45°�0'00" East, along said corner-clip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 755,40
feet to a point for corner, for the being the beginning of a tangent curve to the right having a
radius of 852.5o feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09"
West, 192.10 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve to
the right, an arc distance of 192.51 feet to a point for corner;
THENCE South 12°56'18" West, continuing along said proposed west right-of-way line, a
distance of 761.45 feet to a point for corner, said point being in the south line of said Jacic Arlyn
Parkes tract and being in the north line of a tract of land conveyed to Marvin Henderson Estate
Trust, as recordad in Instzument No, 96-ROOSS800, Deed Records, Denton County, Texas, being
a common line;
THENCE South 80°10'16" West, leaving said proposed west right-of-way line, and along said
common line, a distance of 225,36 feet to a point for corner;
EXHIBIT "A" to Ordinance (Property Interests)
Page 5 of 5
THENCE South 57°03'37" West, continuing along said common line, a distance of 29.84 feet to a
poini for the POINT OF BEGINNING;
TH�NCE South 57°03'37" West, continuing along said common line, a distance of 159.24 �eet to
a point for corner, said point being the southwest corner of said 7ack Arlyn Parkes tract and being
the southeast corner of a tract of land conveyed to Tommy R. Holamon, as recorded in Volume
5164, Page 641, Deed Records, Denton County, Texas, being a common line;
THENCE North O1°17'40" West, leaving said north line of said Henderson tract, and along said
common line, a distance of 120.00 feet to a point for corner;
THENCE North 76°16'S1" East, leaving said common line, a distance of 130.00 feet to a point
for corner;
THENCE South 08°54'19" East, a distance of 65.00 feet to the POINT OF BEGINNING and
CONTAINING 12,344 square feet, 0.28 acres of land, more or less. �
0 5�� � —
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SAVE 6 EXCEpT
TRACT i
JACK ARLYN PARKES
VOL, 4073, PG. 1207
�,R.o.c,r,
- �,`.-
_ '. �
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EXHIBIT "A" to Ordinance (Property Interests)
THE CHAMBERL.AIN THUST
VOL. 4522, PG, 1336
O,R.O.C.T.
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BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAD-B3) STATE PLANE COORDINATE
5Y5TEM, TEXAS NOFiTH CENTRAL.
PARCEL 35-�TCE-1
BEING A
876 SQ.FT./0.02 ACRE
TEMPORARY CONSTRUCTI�N EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY, n
ABSTRACT N0. 4�0,
DENTON COUNTY', TEXAS GRAPHIC SCALE �•>>ao�
^ Graham Associptes,Inc.
(( ���+ CONSULTING ENGtNEERS �c PLANNERS
\<J 1 E00 SIX FLA�S �RIVE, SUI7E 600
`r ARLlNGTON, TEXAS 76011 (817) 840-8636
THPE FlRM: F-11D1JfHPLS FlRM� 101638-00
0 50 100 150
DATE: DECEMBER 2011
J/Denton/P35-TCE-1
Page2of2
EXHIBIT "A" to Ordinance (Property Interests)
PARCEL 35-TCE-1
LEGAL DESCRII'TION
TEMPORARY CONSTRUCTION EASEMENT
Being a 0.02 acre tract of land situated in the James Edmonson Survey, Abstract No.400,
Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack
Ar1yn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County,
Texas, and being more particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a
tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume
5022, Page 3438, Deed Records, Denton County, Texas, and being in ihe existing west
right-of-way line of Bannie Brae Street (having a variable width R.O,W,), and the
existing south right-of-way line of Roselawn Drive (having a variable width R, O. W.);
THENCE Souih 89°29'48" East, leaving existing said west right-of-way line and along
existing said south right-of-way line, a distance of 204,70 feet to a point for corner, said
point being in the proposed south right-of-way line of Roselawn Drive (having a variable �
width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn
Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records,
Denton County, Texas, �
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along
east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner;
THENCE South 90°00'00" East, leaving said east line and continuing along proposed
south right-of-way 1ine, a distance of 81.87 feet to a point for corner, being the POINT
OF BEGINNING;
THENCE South 90°00'00" East, continuing along said proposed south right-of-way 1ine,
a distance of 46.83 feet to a point for corner;
THENCE South 33°45'08" East, Ieaving said proposed south right-of-way line, a disiance
of 11.60 feet to a point for corner;
THENCE South 56°14'S2" West, a distance of 34.54 feet to a point for corner;
THENCE North 40°25'30" West, a distance of 37.85 feet to the POINT OF BEGINNTNG
and CONTAINING 876 square feet, 0.02 acres of land, more or less.
PAGE 1 OF 2
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BASIS OF BEARING I5 NOATH AMERICAN OATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35—TCE-2
BEING A
3fi6 SQ.FT./0.01 ACRE
TEMPORARY CONSTRUCTION EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY, n
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS GRAPHIC SCALE �•=�aa�
^ Graham Associates,inc,
((�� CONSULTING ENGINeERS dc PtANNERS
`�.J E00 SIK FLAOS DRIVE� SUITE 600
ARLINOTON, lEXAS 78011 817) E40-8636
THPE FlRM: F-11B1/TBPLS RM; 10163B-DO
0 50 100 150
DATE; DECEMBER 2011
J/Denton/P35-TCE-i
Page 2 of 2
EXHIBIT "A" to Ordinance (Property Interesis)
PARCEL 35-TCE-2
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No.400,
Denton County, �Texas and being a portion of that 42 acre tract of land conveyed to Jack
Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County,
Texas, and being more particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner oi a
tract of land conveyed to Jack Parkes and wife Betiy Parkes, as recorded in Volume
5022, Page 3438, Deed Records, Denton County, Texas, and being in the exisiing west
right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the
existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.);
THENCE South 89°29'48" East, leaving existing said wesi right-of-way line and along
existing said south right-of-way line, a distance of 204.70 feet to a poini for corner, said
point being in the proposed sauth right-of-way line of Roselawn Drive (having a variable
width R,O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn
Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records,
Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of=way line, and along
east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner;
THENCE South 90°00'00" East, leaving said east line and coniinuing along proposed
south right-of-way line, a distance of 158.70 feet to a point for corner, being the POINT
�F BEGINNING;
THENCE South 90°00'00" East, continuing along said proposed south right-of-way line,
a distance of 33,00 feet to apoint for corner;
THENCE South 00°13'31" East, leaving said proposed south right-of-way line, a distance
of 11.02 feet to a point for corner;
THENCE South 89°46'29" West, a distance of 33.00 feet to a poini for corner;
THENCE North 00°13'31" West, a distance of 11.15 feet to the POINT OF BEGINNING
and CONTAINING 366 square feet, 0,01 acres of land, more or less,
PURCHASE AGREEMENT
NOTICE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT
TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF
DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE
OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT
IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated (,�,GG��i� / ,
2012, but effective as of the date provided below, between Jacic Arlyn Parkes and wife, Betty
Parlces (collectively referred to herein as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Jack Arlyn Parkes and wife, Betty Parlces are the Owner of a tract of land (the
"Land") in the James Edmonson Survey, Abstract Number 400, being affected by the public
improvement project called the Bonnie Brae Street Widening and Improvements Project
("Proj ect"); and
WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii)
easements in, along, over, upon, under and across, a portion of the Land, each related to the
Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
1
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so called), conveying to the City, subject to the reservations described
below, the tract of land being described in Exhibit "A" to that certain Special Warranty Deed,
and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being
attached hereto as Attachment 1 and made a part hereof; (ii) a Slope Easement (herein so called),
in, along, upon, under, over and across the tracts of land being (a) described in Exhibit "A"; (b)
described in Exhibit "B"; and (c) described in Exhibit "C, respectively, to that certain Slope
Easement (the "Slope Easement Lands"), attached hereto as Attachment 2 and made a part
hereof, for slope purposes, as more particularly described therein; (iii) a Drainage Easement
(herein so called), in, along, upon, under, over and across the tracts of land being (a) described in
E�iibit "A"; (b) described in Exhibit "B"; and (c) described in Exhibit "C", respectively, to that
certain Drainage Easement (the "Drainage Easement Lands"), attached herein as Attachment 3
and made a part hereof, for drainage purposes, as more particularly described therein; and (iv) a
Temporary Construction, Grading and Access Easement (the "Temporary Easement"), in, along,
upon, under, over and across the tracts of land being (a) described in Exhibit "A"; and (b)
described in Exhibit "B", respectively, to that certain Temporary Construction, Grading and
Access Easement (the "Ternporary Easement Lands"), attached hereto as Attachment 4 and made
a part hereof, for temporary construction, grading and access purposes, as more particularly
described therein (the Slope Easement Lands, the Drainage Easement Lands and the Temporary
Easement Lands are collectively referred to herein as the "Easement Lands").
The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1"; (ii) the Slope Easement shall be in the form and upon the
terms as attached hereto and incorporated herein as Attachment 2; (iii) the Drainage Easement
shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment
3; and (iv) the Temporary Easement shall be in the form and upon the terms as attached hereto
and incorporated herein as "Attachment 4" (the Slope Easement, the Drainage Easement and the
2
Temporary Easement are collectively referred to herein as the "Easements") (the Fee Lands and
the Easements are collectively referred to herein as the "Property").
B. Owner, subject to the limitation of such reservation made herein, shall reserve, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and
under and that may be produced from the Fee Lands. Owner, their heirs, devisees, successors
and assigns, shall not have the right to use or access the surface of the Fee Lands, in any way,
manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or
related to exploration and/or production of the oil, gas and other minerals reserved herein,
including without limitation, use or access of the surface of the Fee Lands for the location of any
well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit
areas, seismic activities, tanlcs or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subj acent 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, andlor related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and
shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the
surface of the Fee Lands; and (ii) all substances (except oil and gas) which are at or near the
surface of the Fee Lands. The intent of the parties hereto is that the meaning of the term
"minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597
S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the granting and conveying of the Fee Lands and the Easements to the
City, the City shall pay jointly to Owner at Closing the sum of Two Hundred Fifty Five
Thousand One Hundred Sixteen and No/100 Dollars ($255,116.00). The monetary
3
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 driveway approach and
driveway aggregate within the Easement Lands. The driveway approaches shall be reconstructed
in a workmanlike manner, using materials comparable to that of the existing driveway materials
found. Any private service lines or irrigation lines situated within the Easement Lands and
affected by the Project, shall either be repaired or rearranged, at the sole cost and expense of the
City, as field conditions warrant. The worlc prescribed in this Section 3 is herein referred to as
the "Driveway Worlc",
4. The Owner shall convey and grant to the City the Fee Lands and the Easements free and
clear of all debts, liens and other encumbrances (the "Encumbrances"). The Owner sha11 assist
and support satisfaction of all closing requirements of the City in relation to solicitation of
releases or subordinations of the Encumbrances and other curative efforts affecting the Fee
Lands and/or Easement Lands, if necessary in the discretion of the City. In the event that a11
Encumbrances are not cured to the satisfaction of City prior to Closing, such sha11 not be a
default hereunder, although Owner may otherwise be in default under Section 11, below.
However, if the Encumbrances are not cured as provided herein, City has the option of either (i)
waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this
Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter
event Owner and City shall have no further obligations under this Agreement.
5. Owner stipulates that the Total Monetary Compensation payment and the Driveway Work
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, value of, damage to and/or costs of
repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any
4
other structure or facility of any lcind within the Easement Lands and/or Fee Lands related to
activities conducted pursuant to the Easements or City ownership of the Fee Lands, interference
with Owner's activities on the Easement Lands or other property interests of Owner, caused by
or related to activities related to the Easements, whether accruing now or hereafter, and Owner
hereby releases for themselves, their 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,
Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date
which is 90 days after the Effective Date, unless the Owner and the City mutually agree, in
writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described
above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the
next resulting business day.
7. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to
the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the
calendar year in which Closing shall occur shall be prorated between Owner and City as of the
Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is
not known as of the Closing Date, the proration shall be based on the amount of taxes due and
payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in
cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which
Closing shall occur is lcnown. The result of such proration is that the Owner shall pay for those
taxes attributable to the period of time prior to the Closing Date (including, but not limited to,
subsequent assessments for prior years due to change of land usage or ownership occurring prior
to Closing) and City shall pay for those t�es attributable to the period commencing as of the
Closing Date. All other typical, customary and standard closing costs associated with this
transaction shall be paid specifically by the City, except for Owner's attorney's fees, if any,
which shall be paid by Owner.
5
8. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of
this Agreement.
9.A. In the event Owner, or any of them, shall default in the performance of any covenant or
term provided herein, and such default shall be continuing after ten (10) days written notice of
default and opportunity to cure, City may exercise any right or remedy available to it by law,
contract, equity or otherwise, including without limitation, the remedy of specific performance.
B. In the event City shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity
to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to
Closing by written notice of such election to City; or (ii) enforce specific performance of this
Agreement.
10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
11. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; (ii) enter
into any Agreement that will be binding upon the Fee Lands or Easement Lands, less and except
the Temporary Easement Lands, or upon the Owner with respect to the Fee Lands or Easement
Lands, less and except the Temporary Easement Lands, after the date of Closing; or (iii) enter
into any agreement that will be binding on the Temporary Easement Lands, or upon Owner with
respect to the Temporary Easement Lands, prior to the termination of the Temporary Easement.
12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall
be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein,
0
and shall be deemed delivered and received upon the earlier to occur of (a) the date provided if
hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a
regularly maintained receptacle for the United States Mail, registered or certified, return receipt
requested, postage prepaid, addressed as follows:
OWNER:
Jack Arlyn Parkes and wife,
Betty Parkes
3129 South Bonnie Brae Street
Denton, Texas 76207-2209
Phone
Telecopy:
Copies to:
For Owner:
Telecopy:
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Citv:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
13. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
14. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and sha11 not merge with the Special Warranty Deed and/or Easements.
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Property, City may, at its election, terminate this Agreement at any time prior
to Closing.
7
16. Authority to take any actions that are to be, or may be, taken by City under this Agreement
and/or Easements, including without limitation, adjusting the Closing Date of this Agreement
and/or the termination date of the Temporary Easement, are hereby delegated by City, pursuant
to action by the City Council of Denton, Texas, to Franlc Payne, City Engineer of City, or his
designee.
CITY OF DENTON, TEXAS
By: , E'�----
GEORGE C. CAMPBELL,
CITY MANAGER
Date: , 2012
ATTEST:
JENNIFER WALTERS, CI Y SECRETARY
J
BY:
Date: , 2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ��j ,� � �
Date: � � , 2012
�
OWNER:
: ► : � � `,�,�� �
BETTY PARKES
Date: , 2012
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acicnowledges 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
2650 Bardin Road, Suite 101
Grand Prairie, Texas 75052
Telephone: (972) 206-7570
Telecopy: (972) 206-2870
:
Printed Name:
Title:
Contract receipt date: , 2012
10
ATTACHMENT 1
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR
RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMSER.
SPECIAL WARRANTY DEED
STATE OF TEXAS
COUNTY OF DENTON
.
KNOW ALL MEN BY THESE PRESENTS:
That JACK ARLYN PARI�ES and wife, BETTY PARKES (herein collectively
called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY
OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called
"Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which
are hereby acicnowledged and confessed, has GRANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property
in Denton County, Texas being particularly described in Exhibit "A", attached hereto and
made a part hereof for all purposes, and being located in Denton County, Texas, together
with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights
of way and together with all and singular the improvements and fixtures thereon and all
other rights and appurtenances thereto (collectively, the "Property").
Grantor, subject to the limitation of such reservation made herein, reserves, for
themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in,
on and under and that may be produced from the Property. Grantor, their heirs, devisees,
successors and assigns shall not have the right to use or access the surface of the
Property, in any way, manner or form, in connection with or related to the reserved oil,
gas, and other minerals and/or related to exploration and/or production of the oil, gas and
other minerals reserved herein, including without limitation, use or access of the surface
of the Property for the location of any well or drill sites, well bores, whether vertical or
any deviation from vertical, water wells, pit areas, seismic activities, tanics or tank
batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or
lateral support for any surface facilities or well bores, or any other infrastructure or
improvement of any lcind or type in connection with or related to the reserved oil, gas and
other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons
and shall exclude (i) all substances (except oil and gas) that any reasonable extraction,
mining or other exploration and/or production method, operation, process or procedure
would consume, deplete or destroy the surface of the Property; and (ii) all substances
(except oil and gas) which are at or near the surface of the Property. The intent of the
parties hereto is that the meaning of the term "minerals" as utilized herein, sha11 be in
accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
As used herein, the term "surface of the Property" shall include the area from the surface
of the earth to a depth of five hundred feet (500') below the surface of the earth and all
areas above the surface of the earth.
This conveyance is subject to the following:
[Insert Permitted Exceptions]
TO HAVE AND TO HOLD the Property, t�gether with all and singular the rights
and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors
and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto
Grantee and Grantee's successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof, by, through or under Grantor, but not
otherwise.
Page 2 of 3
EXECUTED the day of , 2012.
THE STATE OF TEXAS
COUNTY OF DENTON
�
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JACI� ARLYN PARKES
BETTY PARKES
ACKNOWLEDGMENT
This instrument was acicnowledged before me on
2012 by Jack Arlyn Parkes.
THE STATE OF TEXAS
COUNTY OF DENTON
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Notary Public, State of Texas
My commission expires:
ACKNOWLEDGMENT
This instrument was acicnowledged before me on
2012 by Betty Parkes.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
Notary Public, State of Texas
My commission expires:
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
PAGE 1 OF 5
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EMERGENCY MANA'GEMENT AGENCY �ESTGNATE[l FLDOD PLAIN OR
FLOOD PAONE AREA AS DE5IGNATED ON THE FL00� INSURANCE BA5IS OF BEARING I5 NORTH AMERICAN OATUM
RATE MAP FOF �ENTON COUNTY COMMUNITY PANEL 48121C037aG, OF 1983 (NA�-83) STATE PIANE COOROINATE
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SITUATED IN THE JAMES EDMONSON SURVEY,
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS GRAPHIC SCALE ,�a�oo�
^ Grpham Associates,lnc. 0 50 �oo �50
��+ CONSULiIHG ENGINEERS 3c PLANNERS
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DATE: FEBRUARY 2012
J/Dentan/P35-ROW-S
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ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
.^ Grahdm Associafies,lnc.
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DATE; FEBRUARY 2012
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PAGE 3 OF 5
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SEE SHEET 2
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MARVIN HENOERSON ESTATE TRUST
DOC, N0. 96-R0055B00
�,R,D,C,T.
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1. A PORTION OF THIS DEDICATION LIES WTTHIN A FEOERAL
EMERGENCY MANAGEMENT AGENCY DESIGNATED FLOOD PLAIN OR BASIS OF BEARING IS NORTH AMERICAN DATUM
FLOOD PRONE AREA A5 �ESIGNATEO ON THE FLOOD INSURANCE OF 1993 (NA�-83) STATE PLANE COORDINATE
RATE MAP FOR QENTON COUNTY COMMUNITY PANEL 48121C0370G, SYSTEM, TEXAS NORTH CENTRAL,
EFFECTIVE �ATE APRIL 18,201f,
PARCEL 35--ROW--1
BEING A
320,390 SQ.FT./'7.36 ACRE
RIGHT—OF—WAY DEDICATION
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
Graham Associates,lnc. DENTON COUNTY, TEXAS
. CONSULTING ENGINEERS dc PLANNERS
600 Slk FLAOS pRIVE, SUITE 500
ARLINCTON, TEXAS 76011 (817) Bq0-9636
THPE FlRA17 F-1191%1HPLS FlRMt 1016J8-00
SURVEY, �
GRAPHIC SCALE 1'=500'
0 50 100 150
DATE; FEBRUARY 2012
J/Oenton/P35-ROW-i
Page 4 of 5
PARCEL 35-ROW-1
LEGAL DESCRIPTION
RIGHT-OF —WAY DEDICATION
EXHIBIT "A" - Page 4 of 5
Being a 7,36 acre tract of land situated in the James Edmonson Suivey, Abstract No.400, Dentan
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeasi corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right�of-way Iine of Bonnie
Brae Street (having a variable width R.O.W.), and the existing souih right-of-way line of
Roselawn Drive (having a variable width R.O.W,);
THENCE South 89°29'48" East, leaving existing said west right-of-way lzne and along existing
said south right-of-way line, a distance of 204.70 feet to a set 112 inch iron rod with G.AI cap for
the POINT OF BEGTNNING, said point being the northeast corner of a tract of land conveyed to
Jack Arlyn Parkes, save and except Tract l, as recorded in Volume 4073, Page 1207, Deed
Records, Denton County, Texas, '
THENCE South 89°29'48" East, continuing along existing said south right-of-way line, a distance
of 462,10 feet to a found wooden post for corner, said point being the northwest coxner of a tract
conveyed to Longhorn Council Boy Scout Foundation, Inc, as recorded in Volume 450, Page 526,
Deeds Records, Denton County, Texas, being a common line;
THENCE South 00°54'17" East, leaving existing said south right-of-way line and along said
common line, a distance of 1661.12 feet to a set 1/2 inch iron rod with GAI cap for corner, said
point being the southeast corner of said Jack Arlyn Parkes tract and being in the north line of a
tract conveyed to Marvin Henderson Estate Trust, as recorded in Instrument. No. 96-
R00�5800, Deeds Records, Denton County, Texas;
THENCE South 80°10'16" West, along said north line, a distance of 352.17 feet to a set 1/2 inch
iron rod with GAI cap for corner, said point being in the proposed west right-of-way line of said
Bonnie Brae Streei;
THENCE North 12°56'18" East, leaving said north line, and along said proposed west right-of-
way line, a distance of 761.45 feet to a set 1/2 inch iron rod with GAI cap for corner, for the
begiruung of a tangent curve to the left having a radius of 852,50 feet, a central angle of
12°56'18", and a long chord which bears North 06°28'09" East, 192.10 feet;
THENCE cont�nuing along said proposed west right-of-way line, and along said tangent curve to
the left, an arc distance of 192.51 feet to a set 1/2 inch iron rod with GAI cap for corner;
THENCE North 00°�0'00" West, continuing along said proposed west right-of way line, a
distance of 755.40 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being the
inost southerly point of a corner-clip;
EXHISIT "A" - Page 5 of 5
Page 5 of 5
THENCE North 45°00'00" West, leaving said proposed west right-of-way line, and along said
corner-clip, a disiance of 28.28 feei to a set 1/2 inch iron rod with GAI cap for corner, said point
being in the proposed south right-of-way line of Roselawn Drive (having a variable width
R.O.W.);
THENCE North 90°00'00" West, along said proposed south right-of-way line, a distance of
315,51 feet to a set 1/2 inch iron rod with GAI cap for coz•ner, said point being in the east line of
the save and except Txact lof Jack Arlyn Parkes tract;
THENCE North 07°04'48" East, continuing along proposed south right-of-way line and along
said east line, a distance of 16.83 feet to tha POINT OF BEGINNING and CONTAINING
320,390 square feet, 7,36 acres of land, rnore or less.
�>�r�- ----
ATTACHMENT 2
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SLOPE EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Jack Arlyn Parkes and wife, Betty Parlces (collectively, "Grantor"), whose mailing
address is 3129 South Bonnie Brae Street, Denton, Texas 76207-2209, in consideration of the
sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid
by the City of Denton, Texas, receipt and sufficiency of which is hereby acicnowledged, has
GR.ANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT,
BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual slope
easement in, along, upon, under, over and across the following described property (the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the James
Edmonson Survey, Abstract Number 400, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A", EXHIBIT "B" AND EXHIBIT "C",
RESPECTIVELY
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining lateral slope in, along, upon, under, over and across said Property, including without
limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times
in, along, upon, under, over and across the Property to Grantee herein, its agents, employees,
contractors, workmen and representatives, for the purposes set forth herein, including without
limitation, the making additions to, improvements on and repairs to said lateral slope features or
grade, or any part thereof.
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any lcind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope, including without
limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
malce further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to malce use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness our hands, this the day of , 2012,
�
Grantor:
Jack Arlyn Parkes
Betty Parkes
ACKNOWLEDGMENT
THE 5TATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on
Jack Arlyn Parkes.
Notary Public, in and for the State of Texas
My Commission Expires:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on
Betty Parkes.
2012, by
Notary Public, in and for the State of Texas
My Commission Expires:
�
2012, by
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012- ).
:
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
�
PAGE 1 OF 4
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SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 40�,
DENTON COUNTY, TEXAS
^ Graham Associates,lnc.
((�� CONSULTING ENGINEERS �c PLANNERS
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PAGE 2 OF 4
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JACK ARLYN PARKES
VOL, 4073, PG. 1207
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BASIS OF BEARING I5 NORTH AMERICQN DATUM
OF 1983 (NAO-B3) STATE PLANE COOROINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35-5E-1
BEING A
10,839 SQ.FT./0.25 ACRE
SLOPE EASEMENT
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
� CONSULTING ENGINEERS Lc PLANNERS
G00 61Sf FLAdS OR11�, SUITE So0
ARLINGTON, 7EXAS 76011 {817) E40-9635
THPE flRMi F-1181/TBPLS flRMi 1o163B-0o
SURVEY, �
GRAPHIC SCALE i'-500'
0 50 f00 150
DATE: ❑ECEMBER 2011
J/Denton/P35-SE-i
Page 3 of 4
PARCEL 35-5E-1
LEGAL DESCRIl'TION
SLOPE EASEMENT
EXHIBIT "A" - Page 3 of 4
Being a 0.25 acre tract of land situated in the Jamas Edmonson Survey, Abstract No,400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Ar1yn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as %llows;
COMMENCING at a found l/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street {having a variable width R.O,W.), and the existing south right-of-way line of
Roselawn Drive (having a variable widtl� R,�.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204.70 feet to �. point for corner, said point being in
the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also
being the northeast corner of a tract of Iand conveyed to Jack Arlyn Parkes, save and except
Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton.County, Texas,
THENCE South Q7°04'48" West, along said proposed south right-of-way line, and along east
line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner;
THENCE North 90°00'00" East, leaving said easi line, and continuing along said proposed south
right-of-way line, a distance of 315.51 feet to a point for corner, said point being the most
northerly point of a corner-clip wifli the proposed west right-of-way line of Bonnie Brae Street
(having a 95' R.O. W.);
THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°QO'00" East, along said proposed west right-of-way line, a distance of 339.39
feet to a point for corner, being the POINT OF BEGTNNING;
THENCE South 00°00'00" East, continuing along said proposed west right-of-way Zine, a
distance of 416.02 feet to a point for comer, for the beginning of a tangent curve to the right
having a rad�us of 852.50 feet, a central angle of 10°55'03 ", and a long chord which bears South
OS°27'32" West, 162.20 feet;
THENCE continuing along said proposed west right-of-way line, ar�d along said tangent curve to
the right, an arc distance of 162.44 feet to a point for corner;
THENCE North 79°04'S7" West, leaving said proposed west right-o£-way line, a distanee of
25.00 feet to a point for corner, for the beginning of a non-tangent curve to the left, having a
EXHIBIT "A" - Page 4 of 4
Page 4 of 4
radius of 827,50 feet and a central angle of 10°55'03", and a long chord which bears North
OS°27'32" East, 157.44 feet;
THENCE along said non-tangent curve to the le$ an arc distance of 157.68 feet to a point for
corner;
THENCE North 00°00'00" East, a distance of 178,51 feet to a point for corner;
THENCE North 90°00'�0" East, a distance of 15.00 feet to a point for cot�ner;
THENCE North 00°00'00" West, a distance of 237.51 feet to a point for comer;
THENCE North 90°00'00" East, a distance of 10.00 feet to the POINT OF BEGINNING and
CONTAINING 10,839 square feet, 0.25 acres of land, more or less.
DS-�5 - ....-� .�
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eASIS OF BEARING IS NORTH AMERICAN [IATUM
OF 1983 (NA�-B3) STATE PLANE CDORDINA7E
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35-5E-2
BEING A
500 SQ.FT./0.01 ACRE
SLOPE EASEMENT
IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,inc.
■ CONSULTING ENGINEERS dc PL4NNERS
eoo s�x Fucs oRivE, suire eoo
ARLJNOTON, TEKAS 78011 (617) 640-8536
THPE FlRM: F-1191/TBPLS FlRM: 101638-00
S URVEY, n
GRAPHIC SCALE S'�100
50 100 150
DATE; DECEMBER 2012
J/Denton/P35-SE-2
Page 2 of 2
PARCEL 3 S-SE-2
LEGAL DESCRTPTION
SLOPE EASEMENT
EXHIBIT "B" - Page 2 of 2
Being a 0.01 acre tract of land situated in the James Edmonson 5urvey, Abstract No.400, Denton
County, Texas and being a portion of that 42 acre traci of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularIy described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R,O,W.), and the existing south right-of-way line of
Roselawn Drive (having a variable width R.O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing
said south right-of-way line, a distance of 204.70 feet to a point £or corner, said point being in the
proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way I:ine, and along east line
of the said save and except Tract 1, a distance of 16,83 feet to a point for coz•ner;
THENCE South 90°00'00" East, leaving said east line and continuing along proposed south right-
of-way line, a distance of 218.01 feet to a point for corner, being the P�INT OF BEGINNING;
THENCE South 90°00'00" East, continuing along proposed south right-of-way line, a distance of
97,50 feet to a point for corner, said point being the most northerly point of a corner-clip with the
proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.);
THENCE South 45°00'00" East, along said corner-clip, a distance of 7.07 feet to a point for
corner;
THENCE North 90°00'00" West, leaving said proposed west right-of-way line, a distance of
102,50 feet to a point for corner;
THENCE North 00°00'00" East, a distance of 5,00 feet to a the POINT OF BEGINNING and
CONTAINING 500 square feet, O.Q 1 acres of land, more or less.
PAGE 1 OF 4
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VOL. 4522, PG. 1336
❑,R,�,C,T.
EXHIBIT "C" - Page 1 of 2
SAVE & EXCEPT
TRACT i
JACK AALYN PARKES
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BASIS OF BEARING IS NORTH AMERIGAN OATUM
OF 4983 (NAD-83) STATE PLANE COOR�INATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 35-5E-3
BEING A
3,194 SQ.FT./0.07 ACRE
SLOPE EASEMENT
IN THE JAMES EDMONSON SURVEY, n
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
.^ Grdham Assaciates,inc,
�CaNSULTING EN�INEERS dc PLANNERS
eao s�x Fuos oRlve, sui� soo
ARUNOTON, TEkAS 76011 (817) 840-8536
TBPE FlRA1: F-11e1/THPLS FlRM: iD163B-00
GpAPHIC SCALE i°=500'
0 50 100 150
DATE: DECEMBER 2011
J/Oenton/P35-SE-3
Page 2 of 2
PARCEL 3 S-SE-3
LEGAL DESCRIPTION
SLOPE EASEMENT
EXHIBIT "C" - Page 2 of 2
Being a 0,07 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County,
Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in
Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described
as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land
conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records,
Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a
variable width R.O.W.), and the existing south right-of-way Iine of Roselawn Drive (having a variable
width R,�.W.);
THENCE South 89°29'48" Easf, leaving existing said west right-of-way line and aiong existing said south
right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south
right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of
a tract of Iand conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page
1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the
said save and except Tract 1, a distance of 16.83 feet to a point for corner;
THENCE South 90°00'00" East, leaving said east line and continuing along proposed south night-of way
line, a distance of 315.51 feet to a point for corner, said point being the most northerly point of a corner-
clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.);
THENCE South 45°00'00" East, along said corner-clip, a distance of 14.14 feet to a point for corner,
being the POINT OF BEGINNING;
THENCE South 45°00'00" East, continuing along said corner-clip, a distance of 14.14 feet to a point for
corner, said point being in the proposed west right-of-way line of said Boruue Brae Street;
THENCE South 00°00'OQ" West, continuing along said proposed west right-of-way line, a distance of
314.39 feet to a point for corner;
THENCE North 90°00'00" West, leaving said proposed west right-of-way line, a distance of 10.00 feet to
a point for corner;
THENCE North 00°00'00" East, a distance of 324.39 feet to the POINT OF BEGINNING and
CONTAINING 3,194 square feet, 0,07 acres of land, more or less,
�s .. --•�
ATTACHMENT 3
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
Y�U MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TR.ANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
DRAINAGE EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Jacic Arlyn Parlces and wife, Betty Parlces (collectively, "Grantor"), whose mailing
address is 3129 South Bonnie Brae Street, Denton, Texas 76207-2209, in consideration of the
sum of Ten and No/l 00 Dollars ($10.00) and other good and valuable consideration in hand paid
by the City of Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has
GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT,
BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual
drainage easement in, along, upon, under, over and across the following described property (the
"Property"), owned by Grantor, and situated in Denton County, Texas, located in the James
Edmonson Survey, Abstract Number 400, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A", EXHIBIT "B" AND EXHIBIT "C",
RESPECTIVELY
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining drainage, including without limitation, the right to overflow the Property, and
related structures, facilities and appurtenances, in, along, upon, under, over and across said
Property. The rights granted herein shall further include, without limitation, the free and
interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under,
over and across the Property to Grantee herein, its agents, employees, contractors, workmen and
representatives, for the purposes set forth herein, including without limitation, the malsing
additions to, improvements on and repairs to said drainage facilities, drainage features or grade,
or any part thereof.
This Easement is subject to the following covenants and agreements:
1. Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and
acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade
of the Property and may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the
Property by Grantor that may impair, damage or destroy the lateral slope established for
drainage, including without limitation, excavation or movement of soil or other material.
3. Access. For the purpose of exercising and enjoying the rights granted herein, the
Grantee shall have access to the Property by way of existing public property or right-of-way.
4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or
that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or
portions of shrubs or trees now or hereafter located within or that may encroach or overhang
upon the Property without liability to Grantee, including without limitation, the obligation to
make further payment to Grantor.
5. Grantor's Rights. Grantor shall have the right, subject to the covenants and
restrictions contained herein, to malce use of the Property for any purpose that does not interfere
with the City's rights granted to it herein for the purposes granted.
6. Successors and Assigns. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Grantor and Grantee,
and their heirs, devisees, successors and assigns.
2
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness our hands, this the day of , 2012.
Grantor:
Jack Arlyn Parlces
Betty Parkes
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on
Jack Arlyn Parkes.
Notary Public, in and for the State of Texas
My Commission Expires:
2012, by
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on
Betty Parkes.
Notary Public, in and for the State of Texas
My Commission Expires:
2012, by
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012- ).
I�
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
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BASIS OF BEARING IS NORTH AMERICAN ❑A7UM �� I I I
OF 1983 (NAO-B3) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL,
PARCEL 35—DE-1
BEING A
500 SQ.FT./O.al ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Grdham Associates,lnc.
■ CONSULTING ENGINEERS dc PL4NNERS
E00 SIK FUGS pRIVE, SUITE 600
ARLINOTON, TEXA5 7E011 (B17) 640-8536
THPE FlRM: F-1181/TBPLS FlRM: 1016JB-00
SURV�EY, n
GRAPHIC SCALE L'=l00'
0 50 100 150
DATE: OECEMBER 2011
J/Dentan/P35-DE-1
Page2 of2
PARCEL 35-DE-1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
EXHIBIT "A" - Page 2 of 2
Being a 0,01 acre tract of land situated in the Jaines Edmonson Survey, Abstract No.40�, Denton
County, Texas and being a portion of that 42' acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularZy described as follows:
COMMENCING at a found 1/2 inch iron z'od, said point being the southeast cornex of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R,O.W,), and the existing south right-of-way line of
Roselawn Drive (having a variable width R.O.W.);
THENCE South 89°29'48" East, leavin.g existing said west right-of-way line and along existing
said south right-of-way line, a distance of 2�4,70 feet to a point for corner, said point being in the
proposed south right-of-way line of Roselawn Drive (having a variable width R.O,W.), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-o£-way line, and along east line
of the said save and except Tract 1, a distance of 16.83 feet to a point for corner;
TI�ENCE South 90°00'00" East, leaving said east Iine and continuing along proposed south right-
of-way line, a distance of 315.51 feet to a point for corner, said point being the most northerly
pomt of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a
95' R.O.W.);
THENCE South 45°00'00" East, along said comer-clip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°00'00" West, along said proposed west right-of way line, a distance of 314.39
feet to a point for corner, being the POINT OF BEGINNING;
THENCE South 00°00'00" West, continuing along said proposed west right-of-way line, a
distance of 25.00 feet to a point for corner;
THENCE North 90°00'00" West, leaving said proposed west right-of-way Iine, a distance of
20.00 feet to a point for corner;
THENCE North 00°00'00" East, a distance of 25.00 feet to a point for corner;
THENCE North 90°00'00" East, a distance of 20.00 feet to the POINT OF BEGINNING and
CONTAINING 500 square feet, 0.01 acres of land, more or Iess.
PAGE 1 OF 5
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JACK ARLYN PARKES
VOL. 4073, P6. 1207
D,R.D.C.T.
- �i;
EXHIBIT "B" - Page 1 of 5
THE CHAMBERLAIN TRUST
VOL. 4522, PG. 1336
D.R.D,C.T.
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BASIS OF BEARING I5 NDRTH AMERICAN �ATUM �'� I
OF 1983 (NA�-83) STATE PLANE COORQINATE SEE SHEET 2
SYSTEM. TEXAS NORTH CENTRAL. NarES:
SITUATED
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i. THIS EA5EMENT LIES WITHIN A FEDERAL EMERGENCY
MANAGEMENT AGENCY DESTGNATEO FLqO❑ PLAIN OR
�t r� FLOao PRONE AREA AS OESIGNATED ON THE FLODo
PAR CE L 3 5" �,G � F,r PANELA48121C0370AG,EPFECTIVE �A�TENAPRI�LM1BN2011,
BEING A
46,054 SQ.FT./1.06 ACRE
DRAINAGE EASEMENT
IN THE JAMES EDMONS�N
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
■ CONSULTING ENGINEERS dc PLANNERS
600 511f FLAOS DRIVE, SUI7E fi00
AALINOTON, TEXAS 7E011 (817) a40-B535
'fHPE FlRMt F-1181/TBPLS FlRM: 101638-00
SURVEY, n
GRAPHIC SCALE i'=100'
0 50 100 150
DATE; FEBRUARY 2012
J/Oenton/P35-OE-2
PAGE 2 OF 5
EXHIBIT "B" - Page 2 of 5
SEE SHEET
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D.R.D.C.T.
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NOTES: SEFi
BA5IS OF BEARING I5 NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
5Y5TEM, TEXAS NORTH CENTRAL,
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T=96,67'
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!. THIS EASEMENT LIES WITHIN A FEOERAL EMEpGENCY
MbNAGEMENT AGENCY ❑ESIGNAiEO FLOOD pLAIN OR
FL00� PRONE AREA AS DESIGNdTED ON THE FLOOD
INSURANCE RATE MAP Fop OENTON COUNTY COMMUNITY
PANEL 48721C0370 G,EFFECTIVE DATE APRIL 18,2011.
PARCEL 35-DE-2
BEING A
46,054 SQ.FT./1.06 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDII�ONSON
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
G Graham Associates,lnc.
� CONSULTING ENGINEERS dc PLANNERS
000 SIX FLAOS DRIVE, 6UITE 660
THPE Fl Mi FE-1161/i8PL3 FIeRAI� a013 �00
SURVEY, n
GRAPHIC SCALE i'=f00'
D 50 100 150
DATE: FEBRUARY 2012
J/Oenton/P35-oE-2
PAGE 3 OF 5
'11
N21'36'50"W ��
102.48' 1
't
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Noi����ao��w —
155.49'
TOMMY R. H6LAMON
VOL. 516q, PG. 641
Q.R,O.C.T.
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BASIS OF BEARING IS NOR7H AMERICAN DATUM
DF 1983 (NA�-83) STATE PLANE COOROINATE
SYSTEM, TEXAS NORTH CENTRAL,
EXHIBIT "B" - Page 3 of 5
SEE SHEET 2
POINT OF'
BEGINNING
JACK ARLYN PARKES
VOL, 4073, PG, 1207
D.R,�,C.T.
� ��tiEK
, � N���oP'� �
ppP�� , .
.�,
IN
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NorES;
!. THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY
MANAGEMENT AGENCY OESIGNATED FLOOD PLAIN OR
FL00� PRDNE AREA AS OESIGNATEO tlN THE FL00❑
INSl1RANCE RATE MAP FOR OENTON CaUNTY COMMl1NITY
PANEL 4812�C0370 G,EfFECTIVE DATE APRIL 18,201�.
PARCEL 35-DE-2
BEING A
46,054 SQ.FT./1.06 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON
ABSTRACT N0. 40Q,
DENT�N COUNTY, TEXAS
� Graham Associates,inc.
■ CONSULTING ENGINEERS dc PLANNERS
000 SIX FLAOS �RIVE, SUIiE 600
MLINGTON, TEXAS 76011 (817j 640-8636
iHPE FlRAIt F-11DIfiBPLS FlRA(i 101638-00
SURVEY, n
GRAPHIC SCALE i'-l00'
0 50 100 150
DATE; FEBRUARY 2012
J/Denton/P35-DE-2
Page4of5
PARCEL 35-DE-2
LEGAL DESCRIPTION
DRAINAGE EASEMENT
EXHIBIT "B" - Page 4 of 5
Being a 1.06 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton
County, Texas and being a portion of that 42 acz'e tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
particularly described as follows;
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corn.er of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street (having a variable width R,O.W.), and the existing south right-of-way line of
RoselawnDrive (havi.ng a variable width R,O.W.);
THENCE 5outh 89°29'48" East, leaving existing said west right-of-way iine and along existing
said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the
proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line
of the said save and except Tract 1, a distance of 16,83 feet to a point for corner;
THENCE North 9�°d0'00" East, leaving said east line and continuing along proposed south right-
of-way line, a distance of 315.51 feet to a point for corner, said point being the most northerly
point of a corner-clip with the proposed west right-of-way line of Bontue Brae Street (having a
95' R.O.W,); .
THENCE South 45°00'00" East, along said corner-cIip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 755.4�
feet to a point for corner, fox the being the be�ning of a tangent curve to the right having a
radius of 852.50 feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09"
West, 192,10 feet;
THENCE continuing along said proposed west right-of-way line, and along said tangent curve to
the right, an arc distance of 192.51 feet to a point for corner;
TI3ENCE South 12°Sb'18" West, continuing along said proposed west right-of-way line, a
distance of 486.92 feet to a point for corner;
TI3ENCE North 77°03'42'° West, leaving said proposed west right-of-way line, a distance of
184.47 feet to a point £or the POINT OF BEGINNING;
THENCE South 33°OS'49" West, a distance of 54.95 feet to a point for corner;
EXHIBIT "B" - Page 5 of 5
Page 5 of 5
THENCE South 74°08'18" VJest, a distance of 249.51 feet to a point for corner, said point being
in the west line of said Jack Arlyn Parkes tract and being in the east line of a tract of land
conveyed to Tommy R. Holamon, as recorded in Volume S 164, Page 641, Deed Records, Denton
County, Texas, being a common line;
THENCE North Ol°17'40" West, along said common line, a distance of 155,49 feet to a point for
corner;
THENCE North 21°36'S0" West, continuing along said common line, a distance of 102.48 feet to
a point for corner;
THENCE North 71°10'47" East, leaving said common line, a distance of 70.67 feet to a point for
corn.er; •
THENCE South 56°54'11" East, a distance of 291.72 feet to the POINT OF BEGINNING and
CONTAINII�TG 46,054 square feet, 1.06 acres of land, more or less.
PAGE 1 OF 5
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COMMENCING
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SAVE & EXC�PT
TRACT 1
JACK ARLYN PARKE5
VOL. 4073, PG. 5207
�,R,D.C.T.
r�: `.�:.
�
THE CHAMBERLAIN TRUST
VOL. 4522, PG, 1336
o.R.o.c.r.
RosEr�,wrr n�rv�
,,(VARIABLE WIDTH R..O:W,)
EXHIBIT "C" - Page 1 of 5
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VOL. 4073, PG. 1207 I I I � �
D.R.D.C.T. � � � o�� I I
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BA5I5 OF BEARING IS NORTH AMERICAN �ATUM ''
OF 1983 (NA�-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL,
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NOTES:
4. THIS EASEMENT LIES WITHIN A FEOEAAL EMEFIGENCY
MANAGEMENT AGENCY OESIGNATED FL00� PLAIN OR
FL000 PRONE AREA AS �ESIGNATE� ON THE FLOOD
PAR C E L 3 5— � E —� PANELA48121C0 70AG,EFFECTI4ENDATENAPAILM98N2011
BEING A
12,344 SQ.FT./0.28 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONS�N
ABSTRACT N0. 400,
DENTON COUNTY, � TEXAS
� Graham Associates,lnc.
. CONSULTING ENGINEERS dt PlANNERS
a00 SISf FLAOS pRIVE, SUIIE 500
ARLINaTON, TEXAS 78011 (817) E40-8636
iHPE FlRAI: F�-11B1/iBPLS FlRM: 1 01 638-00
SURVEY, �
GRAPHIC SCALE S'=f00'
0 50 100 150
DATE: �EBRUARY 2012
J/Oenton/P35-DE-3
PAGE 2 OF 5
EXHIBIT "C" - Page 2 of 5
S�E SHEET
. - �-�
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JACK ARLYN PARKES
VOL. 4073, PG. 1207
D.R.D.C.T.
\ �� 1Q0 YR ��
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Nores: SEE
BASIS DF BEARING IS NORTH AMERICAN �ATUM
OF 1983 (NAO-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
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Cb°506'28'0�
Lc�192.10'
!, TNIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY
MANAGEMENT AGENCY OESIGNATEb FL000 PLAIN OR
FL000 PRONE AREA AS OESIGNATEO ON THE FLOOD
INSUHANCE RATE MAP FOR OENTON COUN7Y COMMUNITY
PANEL 48121C0370 G,EFFECTIVE OATE APRIL 18,2011.
PARCEL 35—DE-3 �
BEING A
12,344 SQ.FT./0.28 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSOIV SURVEY, �
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
� Graham Associates,lnc.
■ CONSULTING ENGINEERS dc PLANNERS
E00 SIX F1AGS dRIVE, SUITE 600
ARLINOTON, TEXAS 7E011 (817) 640-663b
TBPE FlRM: F-11B1/TBpLS FlRM� 101638-00
GRAPHIC 9CALE i'-l00'
D 50 100 150
DATE; FEBRUARY 2012
J/Denton/P35-OE-3
PAGE 3 OF 5
�
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1
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TOMMY R. HOLAMON
VOL. 5164, PG. 641
D.R,n.C.T.
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EXHIBIT "C" - Page 3 of 5
SEE SHEET 2
� JACK ARLYN PARKES
� _ •. VOL. 4073, PG. 1207
• D.R.D.C.T.
1 -. �•:
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BEGINNING
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I�' " MARVIN HEN�ER50N E5TATE TRUST
DOC. N0, 96-R0055800
D.R,D,C.T.
NOTES:
1
• -i � �
BASIS OF BEARTNG I5 NORTH AMERICAN DATUM
0� 1983 {NAD-83) STATE PLANE COORDINATE
5Y5TEM, TEXAS NORTH CENTRAL,
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THIS EASEMENT LIES WITHIN A FEDERAL EMEAGENCY
hiANAGEMENT AGENCY DESIGNATEO FLOOD PLAIN OR
FLOOD PRaNE AREA AS b�SiGNATEti ON THE FLOOo
INSURANCE RATE MAP FOR OENTON CoLINTY CoMMUNITY
PANEL 48]21C0370 G,EFFECTIVE DATE APRIL 18,2011.
PARCEL 35—DE-3
BEING A
12,344 SQ.FT./0.28 ACRE
DRAINAGE EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
■^ Graham Associates,lnc. o
CONSULTING ENGINEERS �C PI.ANNERS
•l71 C00 SIX FL.AOS DRIVE, SUITE 600
��V AR�NaTON, TEKAS 70011 (817) 440-8635
iBPE FlRM: F-17o1/7BPLS FlRM: 1016J8-00
� n
GqAPNIC SCALE i'=100'
50 100 150
DATE: FEBRUARY 2012�
J/Oenton/A35—OE-3
Page4of5
PARCEL 35-DE-3
LEGAL DESCRIPTION
DRAINAGE EASEMENT
EXHIBIT "C" - Page 4 of 5
Being a 0.28 acre tract of land situated in the James Edmonson Survey, Abstract No,400, Denton
County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more
. particularly described as follows:
COMMENCING at a found 1/2 inch iron xod, said point being the southeast corner of a tract of
land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volame 5022, Page 3438,
Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie
Brae Street {having a variable width R,O.W.), and the existing south right-of-way line of
Roselawn Drive (having a variable width R,O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along e�cisting
said south right-o£ way Iine, a distance of 204,70 feet to a point for comer, said point being in the
proposed south right-of way line of Roselawn Drive (having a variable width R,O,W.}, also being
the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and excepi Tract 1, as
recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line
of the said save and except Tract l, a distance of 16.83 feet to a point for corner;
THENCE North 90°00'00" East, teaving said east line and contin�ing along proposed south right-
o£-way line, a distance of 315,51 feet to a point for corner, said point being the most northerly
point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a
95' R.O,W,);
THENCE South 45°00'00" East, along said corn.er-clip, a distance of 28.28 feet to a point for
corner;
THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 755.44
feet to a point for corner, for the being the beginning of a tangent curve to the right having a
radius of 852,50 feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09"
West, 192,10 feet;
THENCE continuing along said proposed�west right-of-way line, and alang said tangent curve to
the right, an arc distance of 192.51 feet to a point for corner;
THENCE South 12°56'18" West, continuing along said proposed west right-of-way line, a
distance of 761,45 feet to a point for corner, said point being in thie south line of said Jack Arlyn
Parkes tract and being in the north line of a tract of land conveyed to Marvin Henderson Estate
Trust, as recorded in Instrument No, 96-R0055800, Deed Records, Denton County, Texas, being
a common line;
THENCE South 80°10'16" West, leaving said proposed west right-of-way line, and along said
common line, a distance of 225.36 feet to a point for corner;
EXHIBIT "C" - Yage 5 of 5
Page5of5
THENCE South 57°03'37" West, continuing along said common line, a distance of 29.84 feet to a
poini for the POINT OF BEGINNING;
TH�NCE South 57°03'37" West, continuing along said common line, a distance of 159.24 feet to
a point for corner, said point being the southwest corner of said Jack Arlyn Parlces tract and being
the southeast comer of a tract of land conveyed to Tommy R. Holamon, as recorded in Volume
5164, Page 641, Deed Recards, Denton County, Texas, being a common line;
THENCE North O1 °17'40" West, leaving said north line of said Henderson tract, and along said
common line, a distance of 120.00 feet to a point for comer;
THENCE North 76°16'S�" East, leaving said common line, a distance of 130.00 feet to a point
for corner;
THENCE South 08°54'19" East, a distance of 65.00 feei to the PO]NT OF BEGINNING and
CONTAINING 12,344 square feet, 0,28 acres of land, more or less.
O S'� ' `
ATTACHMENT 4
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER
OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE OF TEXAS
.
COUNTY OF DENTON
KNOW ALL MEN BY THESE PRESENTS:
THAT Jack Arlyn Parlces and wife, Betty Parkes (collectively,"Grantor"), whose mailing address
is 3129 South Bonnie Brae Street, Denton, Texas 76207-2209, 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 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 James
Edmonson Survey, Abstract Number 400, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B", RESPECTIVELY
ATTACHED HERETO AND MADE A PART HEREOF
It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may
remove from the Property above described, such fences, signage, buildings and other obstructions
as may now or hereafter be found upon said Property, for the purpose of construction activities,
grading activities and access in, along, upon, under, over and across said Property. It is
specifically stipulated by Grantor that the scope of the access, construction and grading activities
shall include the clearing and removal of vegetation and trees that exist within the Property.
The City of Denton, its agents, employees, contractors, worlcmen, and representatives shall have
the right of ingress, egress and regress in, along, upon, under, over and across said Property for the
purpose of access, construction and grading activities or any part thereof.
The term of this Temporary Construction, Grading and Access Agreement shall commence on the
date of the "Contractor Notice to Proceed" related to the portion of the Bonnie Brae Widening and
Improvements Project affecting the Property and terminate on the earlier to occur of (i) two (2)
years from such date of the herein referenced "Contractor Notice to Proceed"; or (ii) December 31,
2015, unless the parties mutually agree in writing to an extension or reduction of such term.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness our hands, this the day of , 2012.
Grantor:
Jack Arlyn Parkes
Betty Parlces
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acicnowledged before me on
Arlyn Parkes.
2012, by Jack
Notary Public, in and for the State of Texas
My Commission Expires:
2
THE STATE OF TEXAS
COUNTY OF DENTON
�
�v
,
ACKNOWLEDGMENT
This instrument was acicnowledged before me on
Parlces.
Notary Public, in and for the State of Texas
My Commission Expires:
Accepted this day of
Texas (Ordinance No. 2012-�.
I�
Paul Williamson
Real Estate Manager
AFTER RECORDING RETURN TO:
City of Denton — Engineering Department
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
3
2012, by Betty
2012, for the City of Denton,
PAGE 1 OF 2
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BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAO-83) STATE PLANE CODF�INATE
5Y5TEM, TEXAS NORTH CENTRAL.
PARCEL 35—TCE-1
BEING A
876 SQ.FT./0.02 ACRE
TEMPORARY CONST�ZUCTION EASEMENT
SITUATED IN THE JAMES EDMONSON SUR�EY
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS
^ Graham Associates,lnc.
(( ���+ CONSULTING ENGtNEERS �C PLANNERS
\t71 aoo slk FiAOS oRIVE, suITE b00
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DATE: DECEMBER 2011
J/Dentan/P35-TCE-1
Page2of2
PARCEL 35-TCE-1
LEGAL DESCRIl'TION
TEMPORARY CONSTRUCTION EASEMENT
EXHIBIT "A" - Page 2 of 2
Being a 0.02 acre tract of land situated in the James Edmonson Survey, Abstract No.400,
Denton County, Texas and being a portion of thai 42 acre tract of land conveyed to Jack
Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County,
Texas, and being more particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a
tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume �
5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west
right-of-way line of Bonnie Brae Street (having a variable width R.O,W.), and the
exisiing south right-of-way line of Roselawn Drive (having a variable width R.O.W.};
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along
existing said south right-of-way line, a distance of 204.70 feet to a point for cornex, said
point being in the proposed south right-of-way line of Roselawn Drive (having a variable �
width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn
Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records,
Denton County, Texas, �
THENCE South 07°04'48" West, along said proposed south right-of-way line, an�.d along
east line of the said save and except Tract l, a distance of 16.83 feet to a point for corner;
THENCE South 90°00'00" East, leaving said east line and continuing along proposed
south right-of-way line, a distance of 81.87 feet to a point for corner, being the POINT
OF BEGINNING;
THENCE South 90°00'00" East, continuing along said praposed south right-of-way line,
a distance of 46.83 feet to a point for corner;
THENCE South 33°45'08" East, leaving said proposed south right-of way line, a distance
of 11.60 feet to a point for corner;
THENCE South 56°14'S2" West, a distance of 34.54 feet to a point for corner;
THENCE North 40°25'30" West, a distance of 37.88 feet to the POINT OF BEGINNING
and CONTAINING 876 square feet, 0.02 acres of land, more or less.
PAGE 1 OF 2
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BASI5 OF BEARING 25 NOFTH AMEFICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL,
PARCEL 35—TCE —2
BEING A
366 SQ.FT./0.01 ACRE
TEMPORARY CONSTRUCTION EASEMENT
SITUATED IN THE JAMES EDMONSON SURVEY, n
ABSTRACT N0. 400,
DENTON COUNTY, TEXAS GpAPHIC SCALE �•��oo�
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DATE; DECEMBER 2011
J/Oenton/P35-TCE-f
Page2of2
PARCEL 35-TCE-2
LEGAL DESCRIPTION
TEMPOR.ARY CONSTRUCTION EASEMENT
EXHIBIT "B" - Page 2 of 2
Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No.400,
Denton County, Texas and being a portion of that 42 acre tract of Iand conveyed to Jack
.Ar1yn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County,
Texas, and being more particularly described as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a
iract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume
5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west
right-of-way ]�ne of Bonnie Brae Street (having a variable width R.O.W.), and the
existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.);
THENCE South 89°29'48" East, leaving existing said west right-of-way line and along
e�cisting said south right-of-way linc, a distance of 204.70 feet to a point for corner, said
point being in the proposed sonth right-of-way line of Roselawn Drive (having a variable
vc�idth R.O.W.), also b�ing the northeast corner of a tract of land conveyed to Jack Ar1yn
Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records,
Denton County, Texas,
THENCE South 07°04'48" West, along said proposed south right-of-way line, and along
east line of the said save ar�d except Tract 1, a distance of 16.83 feet to a point for corner;
THENCE South 90°00'00" East, leaving said east line and continuing along proposed
south right-of-way line, a distance of 158.70 feet to a point for corner, being the POINT
OF BEGINNING;
THENCE South 90°00'00" East, continuing along said proposed south right-of way line,
a distance of 33,00 feet to a point for corner;
THENCE South 00°13'31" East, leaving said proposed south right-of-way line, a distance
of 11.02 feet to a point for corner;
THENCE South 89°46'29" West, a distance of 33.00 feet to a point for corner;
THENCE North 00°13'31" West, a distance of 11.15 feet to the POINT OF BEGINNING
and CONTAINING 366 square feet, 0.01 acres of land, more or less.