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2012-186s:llegal\our documentslordinances1121watts final offer ordinance.doc o��rrANCE No. 2012-186 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO A.07 ACRE TRACT; (II) A UTILITY AND SLOPE EASEMENT ENCUMBERING A 0.07 ACRE TRACT; (III) A UTILITY AND DRAINAGE EASEMENT ENCUMBERING A.O1 ACRE TRACT; (IV) A DRAINAGE EASEMENT ENCUMBERiNG A.03 ACRE TRACT; (V) A SLOPE EASEMENT ENCUMBERING A 213 SQUARE FOOT TRACT; AND (VI) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT ENCUMBERING A 0.08 ACRE TRACT, ALL TRACTS LOCATED 1N THE CITY OF DENTON, DENTON COUNTY, TEXAS, AND SITUATED 1N THE O.S. BREWSTER SURVEY, ABSTRACT NUMBER 56, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE 2200 BLOCK OF SOUTH BONNIE BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A MUNICIPAL STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO CHRISTOPHER M. WATTS (THE "OWNER") TO PURCHASE THE PROPERTY 1NTERESTS FOR THE PURCHASE PRICE OF NINE THOUSAND THREE HUNDRED TWENTY TWO DOLLARS AND NO CENTS ($9,322.00), AND OTHER CONSIDERATION, AS PRESCRIBED 1N THE PURCHASE AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton made an initial offer to the Owner to purchase the Property Interests on March 13, 2012, pursuant to Ordinance No. 2012-061, passed and approved by the City Council of the City of Denton on March 6, 2012; WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Council finds that a public use and necessity exists, and that the public welfare and convenience require the acquisition of the Property Interests by the City of Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition of the Property Interests is necessary for public use to provide street and roadway expansion and improvements to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The City Manager, or his designee, is hereby authorized to make the final offer to the Owner to purchase the Property Interests from the Owner. SECTION 3. The City Manager, or his designee, is hereby authorized to execute for and behalf of the City (i) the Agreement, by and between the City and Owner, in the form attached hereto and made a part hereof as Exhibit "B", with a purchase price of $9,322.00 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. SECTION 4. The City Manager, or his designee, is directed, by certified mail, return receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the City relating specifically to the Owner's property and prepared in the 10 years preceding the date of the offer made by the Agreement. SECTION 5. The offer to Owner shall be made in accordance with all applicable law. SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding 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 Z�5 day of�0� , 2012. MARK A. BURIZ�UG�S,/�IAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPR VED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: �-� PAGE--1 � bF 2 �'�i ��`�� . d�-,�� JEAN M.G077UNNELL �'; (� AGNE3 H, ROGERS ��i�� VDL. 994, PG, 652 D.�R.D.C,7. � �� ,�-�pN a�� '�g�' v1P� PG'-� . 5�C 0P p, �'�� N70 '54' 54 "E 3S.U3' SEW/GAY•CAPR�� = 4 '48' 26" - FI� 1047 . 50 ' T=43,97' L=B7.88' Cb=N08'19'23"W Lc=87.86' 2216 S. 80NNIE LOT 2 CHRX570PHER M. VOL. 5102, PG. D.R.D.C.T, SO` 4 cA�'� �4r .�O � .n SEW/�AI�CAPR• 6RAE WAT75 2398 Nso •43�ss°w 8�1.19' � r . � / � POINT OF ,'� BEGINNIN�� . SEw/GA �G�� , ~ � � ��\� �/ �/� �f PQINT -0�'-- C�MMENCING FNO i/2' I,R E220 S. BONNIE BRAE LOT 3A JOHN P. UANSBY VoL. lb54, PG. 969 O.R.D.C,T. EXHIBIT "A" - to Ordinance i � , , � � � � � ` � � � � i � � � � � I� i , � , t � v , � � � � � � � v � �� , � i i � i � • i � O � ' � � o � � � � � � � , � � � � � � � � t i ` � � � � �.` .� .. , : , , , � l �1� I� t N � O � ^ t� � W ; � � � ,� `� ; 6 j � °z ' "'; � Y J ' _� � �°� ' �! � ��' ; -„ �., ` �, . , � �� , , , , , , �. O m `i ='� ~ I ¢ � a i �Z i � i � i i � i ., i � i � i ; � � W Z H J r w > � � � rty Interests �� ,y h�� '��. �� .�n �� '�>�'' � 2s24 HiGHLANO PARK Ro MILTON B. CLEARMAN 6 SPOUSE, AMITA A. CLEAF±MAN VoL. 4497, PG. 22i3 O.R.O.C.T. `�/ �`.. . . � ,. � r �, / � .� � _. .,,. ..., ` '� ` r ,� � � ��` �.,_ , � , �. = .�_�._./_ 1 rr- - °'----'�'.-�«,.� _'---- �„�..,�___.�J,l�.,----IVARTABLE Wio7�-11� 0 fV.) ---- E-� � O �vi_d . � �W� N 3 ��m �� a Z O � f f � HAFLAN PROPERTIES, INC. VOL'. -07tl4. PG, 1297 D.R.O.C.T. BASI'S` OF' 6E'ARING""I'S"NOATH" AMERICAN DATUM OF 19B3 (NA�-83) STATE PLANE CO�FIDINA7E SYSTEM, TEXAS NORTH CENTRAL. PARCEL 24�-RQ�-1 ' BEING A � � 2,841 SQ.FT./0.07 ACRE RIGI�T�-OF�-WA� D�DI�A��'rON SITUATED IN THE O.S. BREWSTE� SURVEY .ABSTRACT N0. 56 DENT�N COUNTY, TEXAS ' .^ Graham Ass�ciates,lnc. �CONSULTIHG ENGINEERS dc PLANNERS aoo s�x Ft�,os oaivE, suirE soo ,�wuNaroN, �SfA5 7sot1 (e771 ato-e� TEPE FIRMt F-11ot/THPLS FlRAfi 1D1J38-00 n SCAL�: 1"= 60' DATE: JULY 2011 J/Denton/P24-AOW-1 Page 2of 2 EXHIBIT "A" - to Ordinance (Property Interests) . PARCEL 24-RO�V-1 LEGAL DESCRIPTION RIGHT-OF-WAY DEDTCATYON B�ING a 0.07 acre tract of land situated in the O.S. Srewster Survey, Abstract No, 56, Denton County, Texas, being a p�rtion of Lot 2, Solar Way Addition as recorded in �Cabinet H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being inore particu�larly described by metes and bounds as follows: COMMENCIN'G at a found 1/2 inch iron rod, said point being tha southeast corner of said Lot 2, and being the �.artheast corner of Lot 3A, of said So1ar Way Addition, a.nd being conveyed to 7ohn Dansby as recorded in Volume 1554, Page 969, Deed Records, Denton County, Texas, and being in t1�e existing west right-of way line of Bonnie Brae Sireat (having a variable width RO.W,); � � THENCE North 00°17'S4" East, along said existing west right-of way Iine, a distan.ce of 70,20 feet to a set �1J2 inch �iron rod� with GAI cap for corner, for filie POINT OF BEGINNiNG, said point being ix� the proposed west right-of way line of said Bonnie Brae Street; THENCE North 10°43'36" West, leaving said existing right-of-way line and along said proposed right�of way line, a distanee of 84.19 feet to a set 1/2 inch iron rod with GAI cap for corner,� for the beginning of a tangent curve to the right having a radius of 1047.50 %et, a central angle of 4°48'26", and a long chord which bears North 08°19'23" West, 87,86 feet; � . THENCE along said proposed west right-of=way line and along said°tangenf curve to the right, an arc distance of 87.88 feet to a set 1/2 inch iron rod with GAI cap for corner, said poiuxt being in the north line of said Lot 2, and being in the south line of Lot 1. So1ar Way Addition as recorded in Cabinet B, Page 196, Plat Records, Denton Coun�ty, Texas and being conveyed by deed to Jean M.G. Tunnell and Agnes H. Rogers, as recorded in Volume 994, Rage 652, Deed Records, Denton County, Texas, being a common line; TFiENCE North 70°54'S4" East, leaving said proposed west right-of-way line and along said common lzne, a distance of 31.43 �eet to a point for c�rnex,.said point laeing the: northeast corner of said Lot 2 and also being ix� the said existing west xight-of-way line Sonnie Brae Street; THENCE South 00°17'54" West, leaving said common line and along said existing west right�of-way line, a distance af 179.8Q feet to the POINT OF BEGINNING and CONT,AINING 2,8q-1 square feet, 0,07 acxes of land,,more or les PAGE- i� OP 2 .� . . �� Q �C+�� LOT i � ��,¢� JEAN M. G. TUNNELI. 6 � • AGNES H. ROGERS 0. !m��.� VOL. 994, PG. 652 0 F,.�y�" �S� D.R.D.C.T. a �'�'�� NB9'09'57"E --� . �,�Ot1 16 .12' ppOtir�g6 � P� G • �oGP�Q PDCq. l ' . A� 2'56' i3" —� R-�1063.50' , TR27.26' . L=54 . 61 •' • Cb=N09'15'30"W La�54.51' , 2216 S�LOTN2IE BRAE ` \ CHRI570PHER M. WATTS o� VOL. 5102,�PG. 2398 � b.A.D.C.T. � � W "� i �• � S4� . i �/ � � �' � �,qq,Q �.' ~ � N � A9/,� yqy �.� ��.��•\,�i �� •O A�OO� �r' S88 '33' 56".bl. E �6 L POINT_ OF � BEGINNING FN� !/2' I.p 2z2o s. BoNNiE BRAE LOT 3A JOHN P. OANSBY VOL, i554, PG. 969 O.R.D,C.T. � EXHIBIT "A" - to 4rdinance (Property Interests r � � � , , , , � � i i i t ti i i ti' i � � � � � � � � E-1 � � w i ��L� , � � �� ; � � � � ^ . � Y J ; i � °� � Wa� � � � .;. -�. � �`; � � , _� i �� Q m .�� ~ 1 � � �� i � � i ; � � � � 3 r ' 'I i � � ; i ! � i � �, � �� `�� '�c��. , �� "` � A= 2'49'49" �' R=SQ47.50' T=25.B8' L=5i.74' Cp=S09'iB'42"E ' Lc-51�.73' . 1 1 20 2324 HIGHLAND PARK RD MILTUN B. CL�ARMAN & SPOUSE, ANITA A� CLEARMAM VOL. 4437 PG. 2213 D.R.d.C.T� 10 '43' 36"E 64.19' I � • �„ J ` rr -�` . � �,' --..'-� ��ti i � � / ` �� --- �--�?c.-�r' --`----`--��.../ ____ � 1�1,��__�_(VARIABLE WIOT�-Ifj�^O;W )____ H � " a �� d � � o�x ��J a Q H a ¢ a > O V � ! � � HARLAN PRQPEf;TIES; INC, YOL. 4704, PG. 1297 o.R.o.o.7. •BASIS DF BEQFtIN6 I5 NDR7H AMERICAN DATUM �F 9983' (NAD-93} STA7� PLANE COORDINATE 5YSTEM, TE%A5 NORTH CENTRAL. PARCEL 24-USE� 1 BEING A 2,837 SQ.FT./U.�'7 ACRE UTILITY & SLaPE EA�EMEN� SITUATED IN .THE O.S. BRE�II'STER SCTRVEY ABSTRACT Nfl. 56 � � DENTON COUNTY, TEXAS .^ Grahdm Assaciates,lnc. C�NSULTING ENGINEERS d� PLANNERS � eoo,sl%FLAGS•oRIVE,SUITEaoo MuN��, �xAS 7ao11 (at» a�o--eb3a TBPE FlRA1l F-1101/iHPLS FlRM: 10163E-00 n SCALE: 1 "a 60' DATE: JULY 2011 J/Denton/P24-USE-i Page 2 of 2 EXHISIT "A" - to Ordinance (Property Interests) PARCEL 24-USE-1 LEGAL DE5CRIPTION UTILITY & SLOPE EASEMENT BEING a 0.07 aaxe tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Paga 44, Pla# Records, Denton County, Texas, and being conveyed by deed to Christopher M, Watts, as recorded in Volume 5142, Page 2398, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: , BEGINNII�TG at a found 1/2 inch iron rod, said point being tha southeast corner of said Lot 2, and being the northeast corner of Lot 3A, of said Solar Way Addition, and being convay.ed.to Tohn Dansby as recorded in Volume 1554, Page 969, Deed Records, Denton County, Texas, and being in the existing west right-of-way lu�.e of Bonnie Brae S�'eet (having a vaxiable width R.O.Vi1.); TF�NCE South SS°33'56" West, Iea�ing said existing west right-of-way line and along the south lina of said Lot 2, a distanca of 2.61 feet to a point for corner; THENCE North 14°43'36" West, leaving said south line, a distance of 152.67 feet to a point for corner, fox the beginning of a tangent curve to the right having a radius of 1053.50 feet, a central angla of2°Sb'13", and a long chord which bea�•s North 09°15'30" West, 54,51 feet; TI�NCE along said tangent curva to tha right, an arc distance of 54.51 feet to a point for conner; THENCE North 89°09'S7" East, a distance of 16.12 feet to a point :fox corr�.er, for the beginning of a non-tangent curve to the Ieft baving a radius of 1047.50 feet and a central angle of 2°49'4$" and a Iong chord which bears South 09°18'42" East, 51.73 feet, said point being in the proposed west right of-way line of Bonnie Brae Street (having a variable widih R.O,'W,); THENCB along said proposed west right-of-way line and� along said non tangent curve to the 1eft an arc distance of 51,74 feat to a point for corner; . THENCE South 10°43'36" East, continuing along said proposed west right-of way line, a distance of 84,19 feet to a point for corner, said point being in the existing west right-of-way line of said Bonnie Brae Street; THENCE South 00°17'S4" West, along said existuig west right�of-way line, a distance of 70.20 feet to the P4INT OF BEGINN]NG and CONTAII�IATG 2,837 square feet, 0,07 acres of land, rnore or less. b2rZy. ZorL PAGE t• 0�� 2 M� ��'��y� �� JEAN M. G�TTUNNELL � • ��',� � AGNES H. ROGERS �� 1l VOL. 994, PG, 662 �" D.F.D.C.T. �� N70 '54' 54"E — �.�` �,. 16. 43' �cti°�' . � p,Oas196 � 1 5aG�0 w�so �;� o P ' S89'09'57"W - � 16.12' a� 1•ao�a�� pOINT OF � Ta15s4950 � BEGINNING L=30.97' Cb=N06'57'20"W ee �•49�ae• �-C=3� . 9� R=iDA7. b0' 7�-26 . 88' L�51.74' Cb�N09'!8'42"W Lc�61.73' S� c�qqq. 'a� �9 .90 �o . .. i EXHIBIT "A" - to Ordinance (Property Interests) i i � ; o ; � i � N � a ` a � o � 0. i 2�16 S. BOHNIE BRAE �� or a CHRIS70PHER M. WATTS VOLa 5902, P�. 2398 �,.'� D.R.D.C.7. � �� — ' � � . �/ � s� � ' .` � r�' `\ ,i ��\� �/ n_ ,ir� �/ POINT .0�-- COMMENCING � FND 1/2" I.R 2220 5. BoNNi� eqAE L4T 3A JOHN P. DANSBY VOL. 1564, PG, 969 D.R.D.C.7. � � ; � � � � � , Y � � I, i � ti i � � � ; � i ti i " ` : i � i i i j i i i � i � i i i i ` � � ti � � ., r � , _ , � ' `.- � �,� � � � , � � ��• , �. 1 W . L� , f � ti � i . � � � i � .-. i : � �, J ; � � �°1 � ¢� i �� ; , o.. . ,, ; ; }, � W; i � 40m `�� i a� , �y , i , � � i ; i i i. � , 1 ' ' �f i ' � ,d �� h1 '��'��, ��Q� �� A� 4 '68' 37" �a�;',�' R=1047.50' � "� , �"�� ra�e.o�' � �=ss.i5� Cb°°S06 '5q' 29"E Lc�36.14' 2324 HIGHLANO PAHK RD MILTON B. CLEARMAN & SPOUSE, ANITA A. CLF�4RMAN VOL. A437, PG, 2213 O,R.D.C.T. �. � � '�/ \�` �. � . � �r��` � �� _\ ~\ i' � `, '' _ - 1 � `^^-��_^__� _�,. r'-' """-...:,r �.J_� _ ' � GHLAND PAI�� ROAD _,__ __.__ 11L�____ �VARIABLE WItiT�l1� _0 _W, ) _, _ �; E-� o A �� o ° H 3 ��J a+ � a � a � O � , f � � HAFlAN PRDPERTIES, INC. VOL. 47D4, P0. 1297 d,R.O.C.T. BA5T5 OF BEARTNG YS NOATH AMERICAN DATUM OF 19B3 (NA[J-B3) STATE PLANE COORDINATE SY5TEM, TEXAS NORTH C�NTpAL. PARCEL 2�4—UDE-1 � � . � . BEING A 537 SQ.FT./U.01 ACRE UTILITY 8c DRAIN�GE EA�E�ME1�1T` SITUATED IN THE O.S. BREWSTER SURVEY ABSTRACT .NO. 5fi , DENT�N COUNTX, TEXAS � ^ Graham Associates,lnc. ��r, CONSULTING �NGINEERS dt PLANNERS `r.J a00 S}X FLA03 DPoVE, BUITE 66Q M�NOTDN, lEXA6 7ea11 (e1� 6�i�-�375 , tBPE FlRAIi F-11Y1/iHPLS FlHM� 1 01 6 38-0 0 �n SCALE; 1 "� 60' ❑ATE: JULY 2011 J/Oanton/P24-UDE-i Page 2 of 2 E�BIT "A" - to Ordinance (Property Interests) pARC�L 24-UDE-1 . LEGAL DES.CRIPTION UTILITY & DRAINAGE EASEMENT BEING a 0.01 acre tract of land situated in the O.S, Brewster Survey, Abstract No. 56, Danton County, Texas, being a portion of Lot 2, Solar'Way Addition as recorded in Cabinet H, Paga 44, Plat Records, Denton County, Texas and being conveyed by dead to Christopher M. Watts, as recoxded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being. mare particularly'dascribed by metes and bounds as follaws: COMIVIENCING at a found 112 inch ixan rod, said point being the southeast corner of said Lot 2, and being the northeast corner of Lot 3A of said Solar Way Addition, and being conveyed to John Dansby as recor�ed in Volume 1554, Page 969, beed Records, Danton County, Texas, and baing in the existing west rigbt-of-way line of Bontus Brae S�reet (having a variable width R.O.W.); THENCE No'rth 00°17'S4" East, along said existing west right-of way line, a distance of 70.20 feet to a point for corner, said point being in the proposed west right-of-way line of said Bonnie Brae Street; THENCE �lorth 10°43'36" West,leaving said existing xzght-of-way line and along said proposed west right of-way line, a distance of 84,19 feet to a point for cornex, for the beginning of a tangent curva to the right having a radius of 1047.50 feet, a central a�ngle of 2°49'48", and a long �chord which bears North 09°18'42" West, 51.73 feet; • THENCE continuing along said proposed west right-of way lina and along said ta�gent curva to the right an arc distance of 51.74 feet to a point for the POINT �F BEGINNING; TI�NCE South 89°09'S7" West, leaving said proposed west right-of-way lina, a distance of 16.12 feet to a paint for carner, for�the beginning of a non-tangent curve to tha right having a radius of 1063.54 feet and a central angle of 1°40'fl7" and $ long chord which bears North 05°57'20" West, 3U.97 feet; THENCE along said non-tangent curve to the right an arc distance of 30,97 feet to a point for corner, said point being in tha north line of said Lot 2, and being in the south line of Lot 1, Solar Way Addition as recorded in Cabinet B, Page 196, �lat Records, Denton County, Taxas and being conveyed by deed to Jean M,G. Tunnell and Agnes H. Rogers, �as reeorded �z� Volutne 994, Page 652, Deed Records, Denton County, Texas, being a common line; THENCE North 70°54'54" East, along said common liner.a..distance of. lfi 43 .fe.et to.. a, point fox ., corner, for the beginning of a non-tangent curva to the le�t having a radius of 1047.50 feet and a central angte of 1°58'37", and a long chord which bears South 06°54'29" �as�, 36.14 feeC, said point being in proposed west right-of-way line oi said Bonnie Brae Street; THENCE leaving,said common line, Along said proposed west right-of-way line and along said non-tangent curve to the left an arc distance o� 3b.IS feet to the POINT OF BEGINNING and CONTATN�+IG 537 square feet, 0.01 acres of land, more or less. � ,�. eA�E. i aE 2... ,f.a, � ��' , ip��,��`JEAG �.1! VOL �� '��o <�� 'L�,�pt� pp0 �tig6 5��'p0 ��p � �� .�A' ��' P ��' t�1��CC � I � LOT i � ¢ N M, G. TUNNELLI 6 NES H. AOGER�' a 934, PG. 6 2 �D.R.D.C.T. °' � � . i 5QJ 57"W 96.69 � POINT OF � BEGYNNING SB9 '09' 57"W 16,12' so �'qq9 A� �q '9's' j 'O A .... A- 2'49'4B' � R=1047.50' 1 0 T�26.eB' 1 Cp5N�941B'42"W � W Lc�51.73' ` � � Z 1 ;. 2296 S.LOT�2IE BRAE' y � CFIRTSTOPHER M. WAT75 � VOL. 5102, PG. 2398 .��. o.a.a.c.Y. � L� i�'� ; i� I ; � i � y .'�� ` i �� .� . �// �, POINT A�-- C O�VIMENCING FN[] i/2" I,R 2220 5. BONNIE BRAE LDT 3A JOHN P. OANSBY VOL. 1554, PG. 969 D,R.U:C.T. ' m EXH[131`l' "A" - to Urdinance (Yroperty lnterests � . � i i : � . �� . �5 �a �� A= 1 '40' 07" ��5 � 7�15�495Q, �'`�� L=30.97' � � Cb=506 '57' 20 "E ; Lc=30.97' �. � � � � o � � , � � ; � ti � � L i K i � 1 w ; � � , t � ' }i � � � � , � � � � , i � i i i i � � i . �, ' i ..� ' � , � :' ' -- r .`� �----- 3 ; � ' �H. , � �w , ; , � �� ; �� ? � � � • ' ��! • � � � ; � ; °; � Pq Q � � • z, ' r1�: ��'� �O r � 3 � I � I � i � �� mti �,pq N •, � �� i � ' i : i ; �� , i� 'f i � i , i , � 23z4 NIGHLAND PAAK RO MILTON 8. CLEARMl+N 6 SPOUSE, ANITA A. CLEARMAN VOL. 4437, PG. 2213 D.R.O.C.T. ''"�/ \`_ + r • � / /r,r.��•�,wti ```ti / � � � ��~ ��` � \ ! \{ ____,�,��,____ VARTABLE WIDT .O,W.) ------ S .�`� _--------- �� Eo �� 0 � Y 0 � J a+ a H a � � Oy � . �� HARIAN Pp01�EATIES, TNC. VOL. 4704, PG.. 1297 . o.A.o.c,r, BASI� OF B�ARING TS'KlORT�f AMERICAN DATUM OF 1963 (NAb-B3) S7ATE PLANE COORDINATE SYSTEM, 7EXA5 NORTH CENTRAL. PARCEL 24—DE-1 � BEING A � 1,487 SQ.FT./0..03 ACRE � � I}RAIl�'AGE EASEMENT SITUATED IN TH� 0. S. .BREWSTER SURVEY , ABSTRACT N�. 56 DEN'��N C�U'NTY, TEXAS � Graham Associ4tes,inc. ■ CONSULTING ENOINEERS �C PLANNERS eoo slx FLAcs uFtIVE. suITE eon ARl.1NOTON, 7EXA5 7EOtt (817� 040-8636 '19PE FlRM� F-11D1ffEPls FIR{�(: 1 61 6 36-00 � SCALE: 1 "= 60 ' DATE; JULY 2011 J/Oenton/P24-OE-1 Page 2 of 2 EXHIBIT "A" - to �rdinance (Property Interests) PARCEL 24-DL-1 LEGAL DESCRIPTION DRAINAGE EASEMENT BEING a 0.03 acxe tract of land situated in tl�e O.S, Brewster Su�vey, Abstract No. 56, Denton County, '£exas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat R�cords, Denton Counfy, Texas, and being co:nveyed by deed to Christophex M. 'Waits, as recoxded in Voluma 5102, Paga 2398, Aeed Records, Denton County, Texas and being more particularly dascxibed by metes and bounds as follows: . CONIlvIENCING at a found 1/2 inch iron rod, said point�being the southeast carner of said Lot 2, and being the northeast coi�er of Lot 3A of said Solar Vi7ay Additio:n, and being conveyed to John Dansby as�recorded in Volume 1554, Page 969, Deed Records, Denton County, Taxas, and being in the existing west right-of way ]ine of �onnie Brae Street (havirtg a variable width R.O.W.); THENCE North 00°17'S4" East, along said existing wast right of,-way line, a distance o£ 70.20 feet to a point for corner, said point being in the praposed west right-of way line of said Bonnie Brae Street; • � THENCE North 10°43'36" West, leaving said existing right-of-way line and along said proposed west right of-way Iina, a distance of 84.19 £eet to a point for corner, for the begintiing of a tangent curve to the right having a radius of 1047.50 feet, a cent�'al angle of 2°49'48", and a lo�ng chord which bears North 09°18'42" West, 51,73 feet; ' THENCE continuing along said proposed west right-of-way lina and along said tangant curva to the right an arc distance of 51.74 feet to a point for c.orner, TFIENCE South 89°09'S7" West, leaving said proposed west right of-way line, a dzstance of 16.12 feet to a point for the POINT OF BEGIIVNING; TI�NCE South� 89°09'S7" Vlrest, a distance of 96,69 feet to a point for corner, said point being in the north line o� said Lot 2, and being in tha south lina of I,ot 1, Solar Way�Addition as xecoxded in Cabinei B, Page 196, Plat Recoxds, Denton County, Texas and being conveyed by deed to Jean M.G. Tunnell and Agnes H. Rogers, as recorded in Volume 994, Page 652, Deed Records, Denton County, Texas, being a common line; THENCE North 70°54'S4" East, along said common lina, a distance of 98.34 feet to a point for corner, for tha beginning of a non-tangent curve to the left having a radius of 1063,50 feet and a central angle of l°40'0? ; and'"a long cliord wliiah bears SoutTi 06°5'1'20" Easf, 3'0:37'feef; THENCE leaving said common line and along said non-tangent cuxve to the left an arc distance of 30.97 feet to the POINT OF BEGII�TN�NG and CONTAINING 1,48'1 square feet, 0.03 acres of land, more or less, � � PAGE-3 •OF 2 �� <� � �n � � � � �,� �� i . � i � LOT 1 �c;�"_� �'`� JEAN M. G. TUNNELIL ��; �� AGN�S H. ROGE S • VOL. 994, PG. �52 �� Q.R.�.C.T. '��. �� I y��QN N8913944��E 1 1 y A°° �'96 � . �pCA� �P .O � ,'� � ' I 1 P �1. / N29 '55' 41"W 36,72' POINT �F � , BEGINNING l o ` A SBO'27'64"W w 16,00' ' � W . � �' BRAE � l � WATTS . � � 2398 l �� . � � % ��r f /� 1 .� { I �'� � � � ,,,� ��\ / ti . -' �% �. 221s s. aoNNI� LaT 2 CHRI570PHER M, VOL . 5102, PG . D.R.D.C.T. so� �q 9 ,o� �'q , y �- �d �c 9� o� ..- — -- — �. POINT -��'--� . COMMENCING FND !/2" I.R . 22zo s. eoNNY� gpAE LOT 3A JOHN P. DANSBY VOL. 1554, PG, 969 �,R.D.C.T. !� �' EXHIBIT "A" - to �rdinance (Property Interests i , , , , , , , ; , �, � � � � � � � � �) " ` , , c � ��,�� , ,�.�,�� ,> ' ' �?� ,� ��, � � A= 1 '44' 42" �� Ra1063.50' �"�'�,��``U T=i6.20' L=32,39' Cb°SOS'39'45"E � Lc-32.39' i � i i � i i i I 1 � , � ' � t � ti , !� ' ,.. � � , — � ' � � i j ♦i � � � � ��. � i � � �; � � . .^, � � ', , , ; ! , -- � . � � � � i � °� � w¢ ; , x � �, r.,,y� �.H.,'�.., � = I W , �� 4 4 1 i i � V ' i i � i � i � i ; � , � � ; , � • 2324 HIGHLAND PARK RD MILTON B, CLEARMAN 6 —A� 1'AS'30" 5POUSE, ANITA A. CLEARMAN R-1o47.60' VOL. 4437, P0. 2213 T�f0.69' n.R.D.C.7. ' L-21,79' • ' C6=NSU'07'61"W �Le-21.79' ��/ 1�� ,_ ♦ ,.•---�.,� ��. � i �� ` � �� `'— 1 � � � a'r� rr--- -^..'-..--^.-..�.%"--"- ..--�----aJ1.I�----!VARIABLE WSO7J�'�r'� W:.� �_,_. � �r��¢ w�~ o ° z � a � N a > � V P� � r � HARLAN PROPERTTES, INC. VOL. 4704, PG. l297 D.H.D.C.T. BASLS oF BEARING I5 NOATFf AMERi�aN oATUM OF' 1983 (NAD-03) 5TATE PLANE C�QADZNA7E 5Y5TEM, TEXAS NORTH CENTRAL. PARCEL 24-5E-1 BEING A 213 SQ.FT./Q.00 ACRE . SLOP�� AS�E1�iE�1�T SITUATED IN THE O.S. BREWSTER SURVEY � ABSTRACT N0. 56 DENTON C�UNTY, TEXAS � Graham Associates�lnc. ■ CONSt1LTIH0 ENGINEERS dc PLANNERS aoo s�x �uvs es�ve. su�� aoo ARLINcTDN, iEKAS 7eo11 (si� e40—e�ls THPE FlRMt F-11G1/T6PL3 F!R � 101639-00 n SCALE: 1 "= 60' aA7�: JULY 2011 J/Oentan/P24—S�—i � Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 24-SL-1 LEGAL DESCRIPTION SL4PE EASENL�NT BEIN'G a 213 square foot tract of land situated in the O.S. Brer�vster Survey, Abstract No. 56, Denton County, Texas, being a portion of'Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, and being convayed by deed to Christopher IvX. Watts, as recordad in Volume 5102, Page 2398, Deed �iecoxds, Denton County, Texas and being mora particularly described by metes and bounds as follows: COMMENCING at a found 112 inch iron rod, said point being tha southeast corner of said Lot 2, and being the northeast corner of Loi 3A of said Solar Way Addition, and being conveyed to John Dansby as recordad in Volume 1554, Page 969, Deed Records, Denton Counfy, Texas, and being in tha existing west right-of way Iine of Bonnie Brae Street (having a variable width R.O.'W.); THENCE North OU°17'S4" East, along said o�cisting west right-of-way line, a distance of 70.20 feet to a point for corner, said point being in the proposed west right-af-way line of Bonnie Brae Street (having a variable width RO.W.); THEI�TCE North 10°43'36" West, leaving said existing west right-of-way Iine and along said proposed west right-of-way line, a distanca oi 84.19 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 1047.50 feet and a central angle of 1°11'30" and a long chord which bears North 10°�7'S1" West, 21.79 feet; � ' TI�NCL continuing alang said proposed west right-of-way line and along said tangent cur�e to the right an arc distanca of 21.79 fe�t to a point for corner; THENCE South 80°27'S4" West, leaving said proposed west right-of-way line, a distance of 16.00 feet to a point for �ihe POINT OF BEGA�TNING; � THENCE North 29°55'41" West, a distance of 36.72 feet to a point for corner; THENCE North 89°09'S7" East, a distance of 13,44 feet to a point for corner, for tha beginning of a non-tangent curva to tha left having a radius of 1063.50 feet and a central ang18 of 1°44'42" and a long chord which bears South 08°39'45" East, 32.39 :feet; THENCE aloag said non-tangenf curve to the left an arc distance of 32.39 feet to a point for the POINT OF BEGINNING and CONTAINING 213 square feet, 0:00"acres oil"and, more or less. PAG� f OF 2. ��' . �'�� g�A . �� `� a �� FJ/ • � � � �� 2216 S. gaNNIE BRAE LOT 2 CHRISTOPHER M. WATTS VQL. 51b2, PG. 2398 D.R.�.C.T. .' l Nee •43 � q�� ,-f . ��:��i N01•i6'52"W 50.18' 588'33'56"W i5.0-1'--t — EXHIBIT "A" - to Ordinance (Pronertv Interests 1' � � ti S ' �. � , f � �� ,`� \� � _ � / , i � �� i /� PDINT -0��—. � .-•_.;. BEGINNING ; sae'33'S6°w � 2.61' t � . � i i 2220 5. BONNIE BRAE i . LOT 3A ' JOHN P. QANSBY i VOL. 1554, PG. 969 � D,R,D.C,T. ; . i : �� i i � � , � ti i i � � � � � \ „ � � i � � , , , , � � i � � � � i � � .' I i i W H J �- �' � � �� l� ��••;�??��-�`y! � �'� • �� . �y \$�' V ` 2324 HIGHLAND PARK FD ` MILTDH B. CL.�AFMAN 6 SPOUSE, ANI7A A. CLEARMAN � VOL. 4A37, PG. 2213 O,R.D.C.T. ' / 1 i�� `�� --� ~� � �� 1� �� / � ' �\ �__�_/ . � ( �• r �`4�'�6-"L__, � ,, � 50.67 � r _RT.AN11 verfri�"�unen -------_._�lJ.l.,.---!VApIABLE WI��T.J�.J�.: D_W-�------ OINT OF 0 ENCING � • F D 1/2" I.R � W r _ � W^ � .��. . . � � . o�o a� HAFLAN PROPEp7IES, INC. I� � VOL. 4704, PG. 1297 m �.R.D,C,T. � Pa a OV . � 6A5I5� OF. BEABING.: IS. NOfiTH,. �AMERxCAN DATUM OF' 1983 (NA�-83) STATE PLANE COORDINATE 5Y5TEM, TEXAS NORTH CENTRAL. PARCEL 24—TCE� 1 ' . BE��TG A � 3,549 SQ.FT./0.08 ACRE . T.EMPORARX. CONSTI�U�T�0�1'� EASEMENT SITUAT�D . YN THE �.5. BREWSTER� SURVEY � , ABSTRACT N�. 56 DEN'TQN C�UNTY, TEXAS ' � Graham Associates,lnc. � • , ■ CONSULTING ENGINEERS �c PLANNERS OOO SIX FLAC9 ORIVE. SUI7E 600 ARLINOTOH, TEXA5.7LOt1 (6i7� 040-E535 TBPE FlRM: F-1191/16P15 FlRM: 1016$6-OG � n SCALE: 1"= 60' ❑AT�: JULI' 2011 J/Oenton/P24-TCE�! Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) P,ARCEL 24-TCE-1 LEGAL DESCRIPTION TEMPORAR.Y CONSTRUCTION EASEMENT BE�TG a 0.48 acre t�ract of land situa.ted in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Taxas,•and being conveyed by deed to Christopher M, Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas at�d being more particularly described by metes and bounds as follows; COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of said Lot 2, and being the northeast corner o£ Lot 3A, Solar Way Addition, as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, being a common line, and being in the existing west right-of-way line of Bonnie Brae Sireet (having a variable widtb R.O.W,); . , THENCE South 88°33'S6" West, leaving said existing west right�o�F way line and along . common line, a distance of 2.61 feet to a point for the POINT OF BEGINNING; THENCE South 88°33'S6" West, continuing along common line, a distance of 75.41 feet to a point for cornar; TI�NCE North Ol°16'S2" West, leaving said common line, a distance of 50.18 feet to a point for corner; THENCE North 88°43'OS" East, a distance of 66.69 feet to a point for cornar; THENCE South la°%�3'36" East, a distance of 50.67 feet to the T'OINT OF BEGINIrIING and C4NTA.INING 3,549 square feet, �.08 acres of land, more or less. 4�,Z3•ZO/L 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 � 2012, but effective as of the date provided below, between Christopher M. Watts (the "Owner") and the City of Denton, Texas ("City") WITNESSETH: WHEREAS, Christopher M. Watts is the Owner of a tract of land (the "Land") in the O.S. Brewster Survey, Abstract Number 56, being affected by the public improvement project called the Bonnie Brae Widening and Improvements Proj ect ("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; NOW, THEREFORE, for 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 depicted and described in Exhibit "A", to that certain Special Warranty Deed (the "Fee Lands"), attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Slope Easement (herein so called), in, along, upon, under, over and across the tract of land being depicted and described in Exhibit "A", to that certain Utility and Slope Easement (the "Utility and Slope Easement Lands"), attached hereto as Attachment 2 and made a part hereof, for utility and slope purposes, as more particularly described therein; (iii) a Utility and Drainage Easement (herein so called), in, along, upon, under, over and across the tract of land being depicted and described in Exhibit "A", to that certain Utility and Drainage Easement (the "Utility and Drainage Easement Lands"), attached hereto as Attachment 3 and made a part hereof, for utility and drainage purposes, as more particularly described therein; (iv) a Drainage Easement (herein so called), in, along, upon, under, over and across the tract of land being depicted and described in Exhibit "A", to that certain Drainage Easement (the "Drainage Easement Lands"), attached hereto as Attachment 4 and made a part hereof, for drainage purposes, as more particularly described therein; (vi) a Slope Easement (herein so called), in, along, upon, under, over and across the tract of land being depicted and described in Exhibit "A", to that certain Slope Easement (the "Slope Easement Lands"), attached hereto as Attachment 5 and made a part hereof, for slope purposes, as more particularly described therein; and (vii) a Temporary Construction, Grading and Access Easement (herein so called), in, along, upon, under, over and across the tract of land being depicted and described in Exhibit "A", to that certain Temporary 2 Construction, Grading and Access Easement (the "Temporary Easement Lands"), attached hereto as Attachment 6 and made a part hereof, for temporary construction, grading and access pur�oses, as more particularly described therein (the Utility and Slope Easement Lands, the Utility and Drainage Easement Lands, the Drainage Easement Lands, the Slope Easement Lands, and the Temporary Easement Lands, are collectively referred to herein as the "Easement Lands"). The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 1"; (ii) the Utility and Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 2"; (iii) the Utility and Drainage Easement sha11 be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 3"; (iv) the Drainage Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 4"; (v) the Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 5"; and (vi) the Temporary Construction, Grading and Access Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 6" (the Utility and Slope Easement, the Utility and Drainage Easement, the Drainage Easement, the Slope Easement, and the Temporary Construction, Grading and Access Easement, are collectively referred to herein as the `Basements") (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 himself, his 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, his 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, tanks or tanlc batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) a11 substances (except oil and gas) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Fee Lands; and (ii) all substances (except oil and gas) which are at or near the surface of the Fee Lands. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. 4 2. As consideration for the granting and conveying of the Fee Lands and the Easements to the City, the City shall pay to Owner at Closing the sum of Nine Thousand Three Hundred and Twenty Two and No/100 Dollars ($9,322. 00). The monetary compensation prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation". 3. In addition to the Total Monetary Compensation, and being a component part of the Project, the City sha11 reconstruct, at its sole cost and expense, those areas of concrete driveway flatworlc within the Easement Lands, as depicted in Attachment 7, attached hereto and made a part hereof for all purposes. The concrete driveway flatwork shall be reconstructed in a workmanlilce manner, using materials comparable to that of the existing concrete driveway flatwork. 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 Work". 4. The Owner shall convey and grant to the City the Fee Lands and the Easements free and clear of all debts, liens and other encumbrances (the "Encumbrances"). The Owner shall assist and support satisfaction of all closing requirements of the City in relation to solicitation of releases or subordinations of the Encumbrances and other curative efforts affecting the Fee Lands and Easements, if necessary in the discretion of the City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a default hereunder, although Owner may otherwise be in default under Section 11, below. However, if the Encumbrances are not cured as provided herein, City has the option of (i) 5 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 constitute and include all compensation due Owner by City related to the Project, including without limitation, any damage to or diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project, damage to and/or costs of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of any lcind located within the Easement Lands related to activities conducted pursuant to the Easements, interference with Owner's activities on the Easement Lands or other property interests of Owner, caused by or related to activities within the scope of the rights granted by the Easements, whether accruing now or hereafter, and Owner hereby releases for himself, his heirs, devisees, successors and assigns, City, it's officers, employees, elected officials, agents and contractors from and against any and all claims he 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 60 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 lcnown as of the Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The result of such proration is that the Owner shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessrnents for prior years due to change of land usage or ownership occurring prior to Closing) and City shall pay for those taxes attributable to the period 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 sha11 be paid by Owner. 8. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this Agreement. 7 9.A. In the event Owner shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance. B. In the event City shall default in the performance of any covenant or term provided herein, and such default 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 Temporaxy Easement Lands, or upon Owner with 8 respect to the Temporary Easement Lands, prior to the termination of the Temporary Construction, Grading and Access Easement. 12. Any notices prescribed or allowed hereunder to Owner shall be in writing and shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: OWNER: Christopher M. Watts 1900 Jasmine Street Denton, Texas 76205 Telecopy: Copies to: For Owner: Telecopy: CITY: City of Denton Paul Williamson Rea1 Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 For Citv: Richard Casner, Deputy City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 3 82-7923 E 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. Owner represents and warrants to City that (i) the Property comprises no part of the homestead of Owner and wife; and (ii) the Property is the separate property of Owner or, if community property, that Owner has the legal authority to perform all actions and obligations prescribed by this Agreement without joinder of spouse. 15. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Special Warranty Deed and/or Easements. 16. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity or party other than the City that might result in the taking of any portion of the Prope�ty, City may, at its election, terminate this Agreement at any time prior to Closing, 17. Authority to talce any actions that are to be, or may be, taken by City under this Agreement, including without limitation, adjusting the Closing Date of this Agreement and/or termination date of the Temporary Construction, Grading and Access 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. 10 CITY OF DENTON, TEXAS , By: '.-_- ORGE C. CAMPBELL, City MANAGER Date: � St �, 2012 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: Date: , 2012 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Date: /�u , �-� f /� , 2012 Owner: Christopher M. Watts : Date: , 2012 11 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acknowledges receipt of one (1) executed copy of this Agreement. Title Company agrees to comply with, and be bound by, the terms and provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Universal Title Agency, LLC d/b/a/ Universal Land Title of Texas Attn: Elizabeth Bobo 2650 Bardin Road, Suite 101 Grand Prairie, Texas 75052 Telephone: (972) 206-7570 Telecopy: (972) 206-2870 I� Printed Name: Title: Contract receipt date: , 2012 12 s:Uegallour documentslcontracts\121watts special warranty deed.doc ATTACHMENT 1 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS COUNTY OF DENTON . KNOW ALL MEN BY THESE PRESENTS: That CHRISTOPHER M. WATTS (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly depicted and described on 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 himself, his heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, his 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 andJor production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanlcs or tanlc batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support far any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons and shall exclude (i) all substances (except oil and gas) that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances (except oil and gas) which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. This conveyance is subject to the following: [Insert Permitted Exceptions] TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. Page 2 of 3 EXECUTED the day of , 2012. CHRISTOPHER M. WATTS THE STATE OF COUNTY OF This instrument was acknowledged before me on , 2012 by Christopher M. Watts. Notary Public, State of Texas My commission expires: Page 3 of 3 PAGE,!-tlF 2- . �� . a�;�"� . � �t�ti �y, LpT A �4� ��' JEAN M.G. 7UNNELL & A. (4P AGNES H. AOGERS VOL. �84, pG. 652 �� .R.O.C.T. �,�� j� N70'54'54"E �;9° � Q2�� a 1. a� � A� '�9 WP� P�'� . S��P P P'�.c� r SeW/GAXYCAPR� ' d= 4 '48' 26" R=1047.50' T=43.97' L=87.88' Cb=NDB ' 19 ' 23 " W Lc=87.e6' S�W/GdI�CAPR� 2216 S. BONNIE BRAE LOT 2 CHRYSTOPH�R M. WATTS VOL. 5102, PG. 2398 ' b,R.d,C.T. S�C q �p�'4 �'qJ- � �9p ,c .„ Nso •43��s°w 84.19' � J / � � POINT OF r`� BEGINNIN�� . sEw/sai�b�' � � � � f�ti` i �.y� `i POINT -0�'--- COMMENCING FNO i/2" I.R 2220 S. BONNIE BRAE LOT 3A JOHN P. DANS9Y VOL, 1564, PG, 969 O.R.D.C.T. , � , � , � , � � , � i : i � ti � � i � � � � { � � � � � � � ,` � i i � i � � � ` _� ,. � � � . I r ti�� 0 � N � � I O � ^ `H , �� ; � �� R �� o ; ; z ' �� ; / � ° i i ��; � �, __ , o , ...., � _"� W' � , 4��1 �'� ~ i ¢ ��, � ,. , , , , i � i � • i t/] i ; i i � i' W Z H J W > Q � � 1 1 � E�HIBIT !'A'" = Page 1 af 2 to Special Warranty Deed �� ,� q� . ��. � �� ,�,�� ''��, 2324 HIGHLAND PARK Fi0 MILTON B. CLEARMAN 6 5POUSE, ANITA A. CLEAFIMAN VOL. 4437, PG. 2213 D.R.D.C.T. � f! �� r' ' / -' --- ' `�'. , / f/ .,,�1_ �y � � •�. •.` ._ -�----_--..1,la�__.._fVARiABLE WIOTtIf�i� U_W_) -- - � L-� o � � �. o�° N a Q�J �� z O � .� � -� HARLAN PROPERTTES, INC. V�L. 4704, PG. l297 o,R.o.c.T. 6ASTS OF BEAR�NG' IS' tJORTH� �AMERICAN DAT�1M OF 1983 (NA�-B3) STATE PLANE COOR�INATE 5Y5TEM, TEXAS NORTH CENTRAL. PARCEL 24—ROW-1 � BEING A � � 2,B41 SQ.FT./0.07 ACRE RIC�HT--OF--WAY DEDICATZE?� SiTUA.TED IN THE 0.5. BREyI''STER SURVEY ABSTRACT N0. 56 DENT�N COUNTY, TEXAS � ' .^ Graham Associates,lnc, ((�� CONSULTING ENGINEER5 dc PLANNERS 1171 00� 61X FLA08 ORIVE, SIIITE bOD �::r AR�NOTON, SEXAS 76011 (61� e40-E333 iBPE FlRIA: F-1101/'TBPL9 FlR i 101e38-OD n SCALE: 1 "= 60 ' DATE: JUE.Y 2011 J/oenton/P24-HaW-9 Page 2of2 � EXHIBTT "A"' - Page 2' of �2 . PARCEL 24-ROW-1 LEGAT, DESCRIPTION RIGHT-OF-WAY DEDICATION B�ING a 0.07 acre tract of land situated in the 0.5. Brewster Survey, Abstract No, 56, Denton Couniy, Texas, baing a portion of Lot 2, Sola�r Way Addition as recorded in Cabinet H, Page �, Plat Records, Denton County, Texas, and being conveyed by deed to C}�ristopher M. Watts, as recorded in Volume 5102, Page 239$, Deed Records, Denton County, Texas and being inore particuilaxly described by metes and bounds as follows: COMMENCINGr at a found 1/2 inch iron rod, said point being the souiheast corner of said Lot 2, and being ihe no�tk�east oorner of Lot 3A, of said So1ar 1�Vay Addition, and being conveyed to John Dansby as recorded in Volu�ne 1554, page 969, Deed Records, Denton County, Texas, and being in the exi.sting west right�of way line of Bonnie Brae Street (having a variable width R.O,W,); � • THENCL North 00°17'S4" East, along said e�risting west right-of-way Iine, a distance of 70.20 feet to a set �1/2 inch �iron rod �with GAI cap for corner, for the POJNT OF BEGINNING, said point being in the proposed west right-of-way lina of said Bonnie Brae Street; � THENCE North 10°43'36" 'V�est, leaving said existing right-of-way line and along said proposed right-of-way line, a distance of 84.19 feet to a set 112 inch iron rod wi.th GAI cap for corner,� for the beginning of a tangent curve to the right having a radius of 1047.50 feet, a central angle o£4°48'26'; and a long choxd wIuch bears North 08°19'23" West, 87.86 fee�; ' . THENCE along said proposed west� right-o�-way l�ine and along sa:id t'angent 'ourve to the right, an arc distance af 87.88 feet to a set 1/Z inch iron rod with GAI eap for corner, said point being in the north line of said Lot 2, and being in the sauth line of Lot 1. Solar Way Addition as xecorded in Cabinei B, Page 196, Plat Records, Denton County, Texas az�.d bei.ng conveyed by deed to Jean M.G. Tunnell and Agnes H. Rogers, as recorded in Volume 994, Page 652; Deed Records, Denton County, Texas, being a common line; THENCE North 70°54'S�" East, leaving said proposed west right-of-way line and along said common line, a distanae of, 31.03 feei to a point far corner, said point being the northaast corner oi said Lot 2 and also being in the said existang west right�of-way line Bonnie Brae Street; THENCE South 00° 17'54" West, leaving said common line and along said exisiing west right-of-way line, a distance of 179.80 feet to the POINT OF BEGINNING and CONTAIN7NG 2,8�1 square feet, 0.07 acres of land, more or 1es s:\legallour documentslcontracts112\watts utility and slope easement.doc 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. THE STATE OF TEXAS, COUNTY OF DENTON UTILITY AND SLOPE EASEMENT . KNOW ALL MEN BY THESE PRESENTS: THAT Christopher M. Watts ("Grantor"), whose mailing address is 1900 Jasmine Street, Denton, Texas 76205, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acicnowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual utility and slope easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the O.S. Brewster Survey, Abstract Number 56 to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining utilities and lateral slope, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the malcing additions to, improvements on and repairs to said facilities, lateral slope features or grade, or any part thereof. This Easement is subject to the following covenants and agreements: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and 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 make further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the covenants and restrictions contained herein, to malce use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the _ day of , 2012. 2 Grantor: By: Date: , 2012. Christopher M. Watts ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on Christopher M. Watts. 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 3 PpGE"1"DF'2 ' � . . �� 4� �� Q C�� LOT 1 ��`� � JEAN ht. G, TUNNELL ,', � AGNES H. ROGERS �j d� VOL. 994, PG. 652 • �,��5 b.R.D.C.T. . �.�1' �' N89'09'57"E . �,�Or1 15 .12' �pOti,�g6 {,,`l � . S�Gp,�P •R.d G � . � � , . Q'� 2 �56' i3 �� A=1063:50' T�27.26' ' . L=54 . 51•' ' CbaN09'15'30"W Lc=54.51' ' 2216 S, BONNIE LOT 2 CHRTSTOPHER M. VOL, 51�2,' PG. D.R.D.C.T. sO . � n '4 CA�r�q , y� �O� BRAE � 0 � � 0 lo �a � WATTS p�\ 2398 � �` � iW — ,/ �� % l � � � i ti ��j1� i t �� \ N � � i �. � � �./ ��\�' / �` `�� i i .,.''` `� . � � �^, � �: i ; °; i �¢ � � ' �; ..y � � .:p.�.', � � � ' W; pm �� a �, ¢ i � �CS�� ; � r' i ' � � i ;I . � .. . , , , , � I � i � � i � � �, . ti � � � � � � ;i S8B '33 ' 56".W. � �fi � P OINT OF_, BEGINNING FND S/S" T.R 2220 S. BDNNIE BRAE LO7 9A JOHN P. DANSBY VOL, ib54, PG. 969 O.R.O.C.T. ,; EXffiBIT "A,► - p�ag=e 1 �f 2 �; , to Utility and Slope Easement ,ir�ly �� E`�� ,�rs �� ,�, , ��`�*� �� ' � e= 2•4s�ae~ �' R=i047.50' T=25.B8' L=51.74' Cb=S09'i8'42"E ' Lc-5i,, 73' . 1 � 2324 HIGHLAN� PARK HO MILTON B. CLEARMAN & SPOUSE, ANITA A. CLEARMAN V�L. 4A37, PG. 2213 D.R.�,R.T. 0'43' 36"E 84,19' / 1 � J � \ / �`'� ` . i � // �, ~ � `~� / � �_ / , `ti.` - � ~ \I � '_�Xrrr� ___�'��__�.-..�.� ��_�... I_------,--111�,,._.._{VAq_IABLE WIDT�-Ilj� 0 W_)----- W^ L-+ o W�ns �� O ° s ��ryJ �n�^ '� �Cy d �o � � � � �_ HAYOLN 4704�pPGE51297C• o.R,o.c.'r. •BASIS OF BERAING TS HOF7H°AMERICAN DATUM OF 9983' (NAD-83) STA7E F'LANE COORDINATE SYSTEM, 7EXAS NORTH CENTRAL. PARCEL 24-USE-1 BEING A 2,837 SQ.FT./0.07 ACRE UTILITY &� SLOFE E�S�EMENT S�TUATED IN .THE 0. S. BREWSTER SURVEY ABSTRACT N0. 56 � � DENTON C�UNTY, xEXAS ^ Graham Associates,lnc. ((L, CONSULTING ENGINEERS 8c PUNNEaS �' aoo slx FlAcs•oRlv�, suI7E aoo IwuNataV, '�s 7aa11 (af� a4o-es�s iBPE FlRMt F-11o1/1HPL3 FlRM: 101D30-D� n SCALE: 1 "= 6�' DATE: JULY 2011 J/�enton/P24-u5E-7 . Page 2 of 2 EX�IIBIT ,►A" _ Page 2 af 2 PARCEL 24-USE-1 LEGAL DESCRIPTION UTILITY & SLOPE EASEMENT BEINGr a 0.07 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Paga 44, Plat Records, Denton County, Texas, aud being convayed by deed to Christopher M, Watts, as recorded in Volume 5102, Paga 2398, Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2 inch iron rod, said poznt baing the southeast corner of said Lot 2, and being the northeast corner of Lot 3A, of said Solar Way Addition, and baing convey,ed to John Dansby as recorded 'ua Volume 1554, Pago 969, Deed Records, I?entan County, Texas, and beiag in the existing west right-of-way line ofBonnie Brae S`treet {having a variable width R.O.W.); TI�NCE South 88°33'56" West, leaving said existing west right-of-way line and along the south Xine of said Lot 2, a distance of 2.61 feet to a point for corner; THENCE Nortlt 10°43'36" West,leaving said sauth line, a distanca of 152.67 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 1063.5o feet, a centt�al angle of 2°56'13 ", and a long chord which bea�s NorEh 09°15'30" West, 54.51 feet; THENCE along said tangent cw�ve to the right, an arc distance of 54.51 feet to a point for corner; THENCE North 89°Q9'S7" East, a distance of 16.12 feet to a point for corner, for the beginning of a non-tangent curve to the left having a radius of 1047.50 feet and a central angle of 2°49'48" and a long chord which bears South 09°18'42" East, S 1.73 feet, said point being in the proposed west right-of-way line of Bonnie Brae Street (having a variable width ReO,W.}; THENCE along said proposed west right-of-way line and along s�id non-tangenf curve to the left an arc distance of 51.74 feet to a point for corner; . THENCE South 10°A�3'3d" EasY, continuing along said proposed west right-of-way lin.a, a distance of 84.19 feet to a point for corner, said point being in tha existing west right-of-way line of said Bonnie Bxae Street; THENCE South 0�°17'S4" West, alo�g said exis�iug west right�of way line, a dis�ance of 70.20 feet to tha 1'OINT OF BEGINl�T�G and COI�TTATNIlIG 2,837 square feet, 0.07 acres af 1and, more or less. � d2-Z�• Zolz s:llegallour documenislcontracts\121watts utility and drainage easement.doc ATTACHMENT 3 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. UTILITY AND DRAINAGE EASEMENT THE STATE OF TEXAS, . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Christopher M. Watts ("Grantor"), whose mailing address is 1900 Jasmine Street, Denton, Texas 76205, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual utility and drainage easement in, along, upon, under, over and across the following described property (the "Properly"), owned by Grantor, and situated in Denton County, Texas, located in the O.S. Brewster Survey, Abstract Number 56 to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining utilities and drainage, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said 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, sha11 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 make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the _ day of , 2012. 2 Grantor: : Christopher M. Watts Date: . 2012. ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on Christopher M. Watts. 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 Depart�nent 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 3 PAGE d oF 2 s�� . ✓��•��•JEAN M,G�TTl1NNELL . �P� 'Q� AGNE5 H, ROGER5 ��! VOL.p R d.0 T. 662 ��'� N70 '54' 54"E - �;�`�,,� 16. 43' � �oos,� °6 . �1A pG •.� , �� cA Q �,p C. ses •os�5�°w � � 16.12' - e= 1•ao � o� �� PflINT �F � T�1964950 BEGINNING 0 oc 0 w 0 a o°c a L=30.97' / Cb=N06 '57' 20"W o„ 2.49. 48. J � LC=30 , 97 � R�SO47.50' o T=25.BB' Ch5N09418'42"W w Lc�51.73' � ' � 2�15 S. 60NNIE BRAE � LOT 2 • ' CHRIS70PNER M. WATTS VOL. 5102, PG. 2398 �'� o.R.o.c.T. � : �� A9� �� O A .„� � �, . , • / i / � \. �.'� ~ti �, ��\� I / �.' �r PQINT -0�'----, COMMENCING FNO 1/2" I.R �220 S. BONNIE BRAE LDT 3A JOHN P. DANSBV VOL. l554, PG. 969 D.R,O.C.T. i , � , � i � � i � � : � � � � � � � � � , � . � ' �. r ti � � � � � � � i � � � e i i � i � r ,i r . , � 1 . �,� � , � � i � i � �� W + "�'� � i�' � � . � '; i � , � ;. , J �; � � , °; I p� °` ' � F � ... v; � o , � �3 � , , � , �/Oy�m 4•l+y � � '• a � ,��, i � � � i ; i � i. � � i ' i il i ��. i EXHIBXT "A" _ Page 1 of 2 ta Utility and Drainage Easement n�� n�� q�� ,��, . �� 9 -A= 1 '58' 37" �� Tai840750 � . �'''��a L-�36. 15' Cb°506 '54' 29 "E Lc=36.i4' • 232A HIGH�.ANO PARK H� MILTON B. CLEARMAN 6 SPOU5E, ANITA A. CLEARMAN 1 VOL, 4437, PG. 2213 D.R.D.C.T, 1 '. � ` '�,J \��` .� • / �'"_ �ti f �� / �1� �� - � � . — .s_��_� _ Irrr_ _"'�.._.."��....� "_-__ I......--°--_.+J11�----�VARIABLE WIbT.ji1�;0�W^1 ___. H �o �a�¢ �~ v� o O 3 Q � J a m a a °�d > 0 y � r� .� � HApLAN PROPERTIES, INC. VaL. 4704, Po. 1297 �.p.O.C.T. BASIS OF' 8�af�TNG" IS' NOATH AWiERICAN �ATUM OF 1963 (NAD-B3) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH C�NTRAL, . PARCEL 24—UDE--1 . � . ' . BEING A 537 SQ.FT./(}.Q1 ACRE ' UTILITY & DRAINA(�E EASEhi��N� �� SITUATED IN THE O.S. BREWSTER SURVEY ABSTRACT ,NO. 5fi . , DENTfJN COUI�TX, TEXAS � Graham Associates,lnc. . CONSULTING ENGINEERS dc PLANN�RS . eoo slx Fuos oR�vE, au17E ano MIJNfiTON� lEXAS 7C611 �1 �40-d533 _ 16PE FlRMt F-11�1%f6Pl5 R S 10163�-OD � S�A�E: � ��° 6a � �ATE; JUL.Y 2011 J/ �BII t 011/PZ4-UUE-1 Page 2 0£2 EXHIBIT "A" - page 2 of 2 PARCFT., 24�UDL-1 . LEGAL DES.CRIPTION UTILITY & DRAINAGE EASEMENT BE1NG a 0.01 acre tract of land siivated in the O.S. Brewster Suxvey, Abstract No. Sb, Denton County, Texas, bein.g a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, paga q4, Plat Records, Denton County, Texas and being conveyed by deed to Christopher M. 'VVatts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being. more particularlydascribed by metes and bounds as follows: COMMENCING at a found 1/2 i;�ch ixoz� xod, said point being the southeast corner of said Lot 2, an�d being the northeast corner of Lot 3A of said Solar Way Addition, and being conveyed to John Dansby as recorded in Volume 1554, Paga 969, Deed Records, Denton County, Taxas, and being in the existing west rzght-of-way line of Bonnie Brae Street (having a variable width R.O.W.}; THENCE North 00°17'S4" Eas� along said existing west right-of way line, a distance of 70,20 feet to a point for corner, said point being in the proposed west right-of-way line of said Bonnie Brae Street; THENC� �orth 10°43'3fi" Wesi, lea�ving said existzng right-of-way �ine and along said proposed west right of-way line, a distanca of 84.19 feet to a point for corner, fox the beginning of a tangent curve to the right havi'ng a radius of 1U47.5Q feet, a central angle of 2°49'48", and a long •chozd which bears North 09°18'42". West, 51.73 feet; • T�IENCE continuing along said proposed west right-of-way line and a�ong said tangent curve to fiha right an arc distance of 51.74 feet to a point for the POINT OF BEa]NNIl�TG;' THENCE South 89°09'S7" West, leaving said proposed west right-of way line, a dist�nce of 16.12 feet to a point for corner, for�the beginning of a non-tangent curve to tha right having a radius of 1063.50 feet and a central angle of 1°4Ub�7" and a�long chord� v�hieh b�ars North 06°57'20" West, 30.97 feet; TI�NCE along said non-tangent curve to the right an arc distance of 30.97 feet to a p�int for carner, said point l�eing in the north line oi sazd Lot 2, and being in tha south line of Lot 1, Solar Way Addition as recorded in Cabinat B, Page 196, �lat Records, Denton Couniy, Texas and being conveyed by deed to 7ean M.G. Tunnell and Agnes H. Rogers,'as recorded in Volume 994, Page 652, Deed Recards, Denton Couniy, Texas, being a comrnon line; THENCE Norih 70°54'S4" East, along said common line, a distance of 16.43 feet to a point for corner, for the beginniiig of a non-tangent curve to the left having a radius of 1047,5� feet and a central angle of 1°58'37", and a long chord which bears Sout� 46°54'29" East, 36.14 feet, said point being in �roposed west right-of-way Iine of said Bonnie Brae Street; THENCE leaving.said common line, along said proposed west right-of-way lina and along said no�n-tangent curve to the left an arc distance of 36,15 feet to the POINT OF BEGTNNING and CONTAII�Il�G.537 squara feet, 0.01 acres of land, more�or less. . :� s:\1ega1\our documentslcontracts1121watts drainage easement.doc ATTACHMENT 4 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DRAINAGE EASEMENT THE STATE OF TEXAS, . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Christopher M. Watts ("Grantor"), whose mailing address is 1900 Jasmine Street, Denton, Texas 76205, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("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 O.S. Brewster Survey, Abstract Number 56 to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining drainage, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and interrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, worlcmen and representatives, for the purposes set forth herein, including without limitation, the malcing additions to, improvements on and repairs to said 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 make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the _ day of , 2012. 2 Grantor: : Christopher M. Watts Date: , 2012. ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on Christopher M. Watts. 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- ). C Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 3 PAGE S OF 2 � a� I ��` � rrr��i'1 �1 i o �A��` ( • LOT i ¢ ��% �� JEAN M. G. TUNNEL �& � � ,D � AGNES H. AOGEA cn ' ��` � ti.A VOL. 994. PG. 6�2 . 0. . ��,fn��` D.R.b.C.T. ort \S� ` ��`� 0� ` a `� Pp�i196 3A� ' o�PP Wg' pc °� 5A� � g9 1 5 GpOp .p'.p N�0.5A, 589'09'57"W 96.69' 1 � POINT �F i BEGYNNING � J SB9'05'57"W ' , / 16.12' �O �qq,� '°�� yq� 'O�o e� e�4s�ae�� -� R�1047.50' o L-5�.74' ` a Cb=N09'19'4$`W ` W Lc�51.73' ` � i� t� 2296 5. BONNIE BRAE' �� LDT 2 4 � CHRTSTDPHER hi. WA775 VOL.. 5102, PG. 2398 �� D.R.D.C.T. � L� ,� �`� � % / 1 ; � � � ` �'�� `` � �.�` i 1 A_ • �� / �. POINT -��-- C OMMENCING FND i/2" I. FI 2220 5. 60NNIE BRAE LOT 3A JOHN P. DANSBY VOL. 3554, PG. 9fi9 n,R.ti:c.7. • � � � � � � � i � , � 4 � �_ 1 �. � ; � , � � , S � l � � ; , , � i � L � � � � i � i � i � i � i i , i � � i i � � .� � t � �� 1 .�f ' � 7 1 • � ;. EXHIBIT "A" - Page :l of 2 to Drainage Easement �V� �� e�S��,��, �� '0° 1'40'07" ��,� . T�i564950, �'� `,� L=30.97' Cb°506'57' 20"E Lc=30,97' l l ,. •v �--- i ' � � ' �� ' W � ��i'� � �� ' �� , , �^, . , � , � : �. , o � � iFQ��, � �. � ��..��.;. , �, , , ; � �Dati `.� N I 1 4 � � i �V � � , � i � � i � �� I 'I i � . i , � , . � 2324 HIGHLAND PAAK Rb MILTON B. CLEARMAN 6 SPOUSE, ANITA A. CLEARMAN VOL. 4-037, PG, 2213 O.R.d�C.T. ��/ 1\� . -• '-. �� ',•^--•�•-.. �*, / �� _ ! � — �i + -•- rr_- `_"--"-_r � _ ' r�rrn P�� i�oAn __.,-------�J,��---••lVARIABLE WI�T�-I�f1��0 W ) E E1 0 A�� a°r } �W 1�1 ,� H G4 � � O y F� . � � � HAFLAN PROPERTIES, INC. VDL. 4704, PG.. 1297 . o.a.o.c.-r. BA5Z5 OF BEARING-IS�NORTH AMEFICAN DA7UM �F 9983 {�AD-B3j STATE PLANE COORDINATE SYSTEM, TEXA5 NORTH CENTRAL. PARCEL 24—DE-1 � BEING A � 1,487 SQ.FT./�.03 ACRE � � DRAINAGE E�SEM�NT - SITUATED IN THE 0. S. .BREWSTER SURVEY . ABSTRACT N0. 5fi DEN'�ON CflUNTY, TEXAS ^ Graham Associates,lnc. �� CONSULTINO ENGINEERS �C PLANNERS �7 600 Slx FLACS DflIV$, SUITE 600 <�iJ ,u�uNam►+� roc�s �eon �e�r� e4o—eaas 'IBPE FlRM: F-1171/TBPLS R i 101636-00 � SCALE: 1"= 60' DATE: JULY 2Q 11 J/Oenton/P24-OE-1 Page 2 of 2 �ARCEL 24-D�-1 LECfAL DESCRIPTTON DRAINAGE EASEMENT EXHIBIT "A" - Page- 2 of 2 BEING a 0.03 acre tract of land situated in the O.S. Brewster Survey, A,bstract No. 56, Denton County, Texas, being a poi�tion of Lot 2, Solar Way Addition as recorded in Cabinet kI, �'age 44, Plat R�cords, Denton Caunty, Texas, and being conveyed by daed to ChristopheX M. 'Watts, as recorded in Volume 5142, Page 2398, Deed Records, Denton Couniy, Texas and being mora particularly described by metes and �bounds as follows: COMIVIENC7NG at a found 1/2 inch iron rod, said point baing the southeast coi�nar of said Lot 2, and being the northeasi co��er of Loti 3A of said Solar Way Addition, and being conveyed to �ohn Aansby as�recorded in Voluma 1554, Page 969, Deed Records, Denton County, Texas, and being in the existing west right-of way line ofBonnie Brae Street (having a variable width R.�.W.); THENCE North 00°17'S4" East, along said existing west right-of.-way line, a distance of 70.24 feat to a point for corner, said point baing in the proposed west right-of-way line of said Bonnie Brae Street; • � THENCE North 10°43'36" West, leaving said existxng right-of-way line and aIong said proposed west right-of-way line, a distance of 84.19 £eet to a point for corner, for the beginning of a tangent curve to tha right having a radius �f 1447.50 feet, a cent��al angle of 2°49'48 ", and a long chord which bears North 09°18'42" West, 51,73 feet; � THENCE continuing along said proposed west right-o� way ]ine and along said tangent curve to the right an arc distance of S 1,74 feet to a point for corner; THENCE South 89°09'S7" 'W'est, leaving said proposed west right-of-way Iine, a distanca o� � 6. � 2 feet ta a point for the POINT OF BEGINNING; TI�NCE South 89°09'S7" West, a distan.ce of 96.64 feet to a point for corner, said point being in the north lina of said Lot 2, and baing in the south line of Lot 1, So1ar Way � Addition as recoxded in Cabinet B, Page 196, Plat Records, Denton County, Texas and being conveyed by deed to Jean M.G. Twnnell and Agnes H: Rogers, as recorded in Volume 994, Page 652, Deed Records, Denton County, Texas, being a coznmon line; THENCE North 70°54'S4" East, along said common line, a distance of 9834 feet to a point for corner, for the beginning of a non-tangent curve to tha lef� having a radius of 1063,50 feet and a central angle o� l°40'07", and a long c3�ord which•bears South Q6°57'20" �ast, 3Q,9'7 feat; THENCE leaving said common line and along said non tangant curva to the left an arc distanee of 30.97 feet to the POINT OF BEQIlVNING and CONTAINING 1,487 square feet, 0.03 acres of land, more or lass. ' - s:\legallour documents\contracts\121watts slope easement.doc ATTACHMENT 5 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 Christopher M. Watts ("Grantor"), whose mailing address is 1900 Jasmine Street, Denton, Texas 76205, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("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 O.S. Brewster Survey, Abstract Number 56 to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining 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 lcind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope, including without limitation, excavation or movement of soil or other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may encroach 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 make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the _ day of , 2012. 2 Grantor: : Christopher M. Watts THE STATE OF TEXAS COUNTY OF DENTON Date: ACKNOWLEDGMENT � �� This instrument was acknowledged before me on Christopher M. Watts. My Commission Expires: Accepted this day of Texas (Ordinance No. 2012- ). : Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 2012. Notary Public, in and for the State of Texas 3 2012, by 2012, for the City of Denton, PAGE^ 1. OF°2' � �� < � � � �Cj�� LOT 1 � � � JEAN M. G. TUNNEl1L 6 ��t ��~` AGNES H. ROGE S a �(�� • VOL.D R �, C T. �52 a �� • �'� � N89 '09' 57"E � �,��p1a 13 . 44 ' �l A�� '96 � , �Q�P� W�' 0 � '�( i` �A p ?' \ 1 / �i N29 '55' 41 "W 36.72' POINT OF BEGINNING � � � � � t � , , �. � � i i � � x i ti � r � y a , � 1 � � b � � seo•z��aa•w w � � ss.00� � 1 W ; ; 2216 S. BONNIE LOT 2 CHRISTOPHER M. VOL. 5l02, PG. D.R.�,C.T. SD �4 c�°�� qy 'R� � . .. � � � � � � � BpAE ` n, � � WATTS . 1 a � ; 2398 � .. � ; �r � . � � � j,r—o ��a % � � 1 lo i �' / 1 " ;�+ i � � , W � �1 . � � s �i� �\ � '." ` � �.� �� i � � � � � •r \�� 1 o i � . o , -- � z � �3 � � o � �----- - � ¢ � � � i � POINT .0�'-- -- - ' � : ,., � o COMMENCING �� _ � �NO !/2" I.R � � � ti� ~ i i' Q � � Cy � ; 2220 S•LOT 3A E BFIAE i� � JDHN P. DAN58Y � E ; VDL. 155A, PG. 969 � i!J , D,R.D.C.T, ' 'I i , i i i . ; � EXHIBIT "A" = Page l µ�f 2 to Slape Easement . �1��,��s_ �� , '�� v� �� -A= 1.'44' 42" T 1662050' �� 'G7 ) L�32.39' Cp4S08'39'45"E Lc=32.39' 2324 HIGHLANU PAAK RD MILTON B. CLEARMAN 6 A■ 1'i1'3�" SPOVOI. 4437A PG.C2213MAN R-l047.50' p,R.O,C.T. T-i0.B9' � L-2f.79' ' � Cb=N]0'07'5]'W , Lc-29.7s' J�/ �� r� ,''�,. � � /,,,�__,r�� ~� /� �� _ -- ,_----1 - ...______1_llf�____�VARIABLE_WTd7�f 0_W_), _ a� �� s [-� o �� . �� O� � � HARLAN PROPEHTTES, INC. �+ mQ VOL. 4704, PG. 1297 � �,-� �.R.�.C. T. a ' Z o , � B"A5IS OF dEARIHG'"TS'NORTH AM�RTCAN DATUM 0� 1983 (NAD-83) STATE PLANE CDOA�INATE SYSTEM, 7EXA5 NOATH CENTRAL. PARCEL 24--5E-1 BEING A � 13 SQ.FT./O.UO ACRE SLOP� EASEMENT SITUATED IN� THE O.S. BREWSTER SURVEY ABSTRACT N�. 56 DENT�N COUNTY, TE�AS � Graham Associates,lnc. ■ CONSULTING ENGINEERS Ac PL4NNERS aoo s�x Fv,os nRiv�. sui� aoo ARi1NaT6N, T�s 7eo11 (a1� a�D-e'SJS 78PE FlRM: F^11G1/'TEPLS FlR i 101538-00 n SCALE: 1"= 60' DAiE: JULY 2� 11 J/0811tD�/P�4-St-1 Page 2 oi2 EXHIBIT "A" - Page 2 of 2 P.ARCEL 24-5�-1 LEGAL bESCRIPTION SLOPE EASEMENT BEING a 213 square foot tcact af land situated in the O.S. Brewster Suxvey, Abstract No. 56, benton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Reoords, Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a found 112 inch iron rod, said point being the southeast eorner of said iot 2, and being tho northeast corner of Lot 3A of said Solar Way Additio;�, atid being canveyed to Johz1 Da�sby as recorded in'Volume 1554, Page 969, Deed Records, De:nton County, Texas, and being in the existing west righi-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE North 00°17'S4" East, along said existing west right-o� way 1ine, a distance of 70.20 feet to a point for corner, said point being i:� the proposed west right-of-way line of Bonnie Brae Street {having a variable width R.O.W.); THENCE North 10°43'36" West, leaving said exis�ting west right-of-way liue and along said proposed west right-of-way lina, a distanca of 84.19 feet to a point for corner, for the beginning of a tangent curve to the righ.t having a radius of 1047.50 feet and a cent�ai angle of 1°11'30" and a long chord �vhich bears North 10°07'S1" West, 21.79 feet; � ' THENCE eontinuing along said proposed west right-of-way line and along said tangent curve to tl�e right an are distance of 21.79 feet to a point for corner; THENCE South 80°27'54" West, leaving said proposed west right�of-way line, a distance of 16.Q0 feet to a point for the POINT OF BEGINNING; � TI�NCE North 29°55'41" West, a distance of 3.6.72 feet to a point for corner; TH�NCE North 89°09'S7" Easf, a distance of 13.44 feet to a poin.t for corner, for the beginning of a non-tangent curve to the laft having a radius of 1063,SQ feet and a cenhal angle of 1°44'42" and a long chord which bears South 08°39'45" East, 32,39 feet; THENCE along said non-tangent curve to the left an arc distance of 32.39 feet to a point for the POIN'Z' OF BEGINNING and CONTAINTNG 2`13` square feet; 0';OO acres of lan'ct, mor� or�less. s:\legal\our documentslcontracts1121watts tce.doc ATTACHMENT 6 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 Christopher M. Watts ("Grantor"), whose mailing address is 1900 Jasmine Street, Denton, Texas 76205, 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 acicnowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a temporary construction, grading and access easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the O,S. Brewster, Abstract Number 56 to wit: PROPERTY DEPICTED AND DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF It is agreed that the said City of Denton, Texas, in consideration of the benefits above set out, may remove from the Property above described, such fences, signage, buildings and other obstructions as may now be found upon said Property, for the purpose of construction activities, grading activities and access in, along, upon, under, over and across said Property. It is specifically stipulated by Grantor that the scope of the access, construction and grading activities shall include the clearing and removal of vegetation and trees that exist within the Property. The City of Denton, its agents, employees, contractors, workmen, 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 of such term. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the day of , 2012. Crrantor: : Christopher M. Watts THE STATE OF TEXAS § COUNTY OF DENTON § Date: . 2012. ACKNOWLEDGMENT This instrument was acknowledged before me on , 2012, by Christopher M. Watts. Notary Public, in and for the State of Texas My Commission Expires: 2 Accepted this day of , 2012, for the City of Denton, Texas (Ordinance No. 2012-�. C Paul Williamson Real Estate Manager AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson � pAGE, .i., aF. 2,. ., �� a . ��&� � a��' ��a� �� ,. � �� . 2216 5. 9bNNIE BRAE �� CHRISTOPHER M. WATTS WOL. 5402,�PG. 2398 D.R.D.C,T. ND! •ss�52��w 50.18' i � � , � � � �� • �i i � � � , , Y , � , , � . EXHIBIT "A" - Page 1 of 2 to Temporary Construction, Grading and Access Easement �� . . `��. �� v �r i �� i �� i p� ' �� h.� � �4+C � � Z 1 W ' Z H �i i J ' �''� � �i i W � ; >. � �� ,� �� t � � � i ', r;`' ; J � Nae •43 � q� �.- _ ,��:��ti , SB8'33'S6"W 75oA-�'—J--.— POTNT -0� �—� BEGTNNING 58B'33'5fi 2.fi!' 222U 5. BONNIE BRAE . L9T 3A JOHN p. DANSBY VOL. 1554, PG, 969 o.a.o.a.T. ,� , � �� , � � � � � � ( ' � � � � � � – , � , , , � , - � , _,, , � ; � , � � i ' i ' i ' i' i ' � ; 1 � 2324 HIGHLAND PARK RU MILTON B. CL�ARMAN 6 SPOUSE, ANITA A. CLEARMAN VOL. 4437. PG. 2213 D,R,O,C.T. / 1 / �' i� ��` / / l��.��`_ �� ` � � _.�l , � `� ,�_ � � � r ��43-'-�6"�--r� 5a. s7' �� ( --------��1��.___� OINT OF 0 M�NCING o w ►------ F D 1/2" I.R ' E-i � � W � �� , . �� ' O H Q� HARLAN PROPEATIES, INC. � J 40L. 4704, �G. 1297 am o.R,o,c.T. �� a � O • OQ BASI3, OF @EARI�JG, I.5�, NbR.T.N. AMERICAN DATUM OF 19E3 (NAD-93) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CEN7RAL. PARCEL 24—TCE--1 � BEING A ' 3,549 SQ.k'T./0.08 ACRE TEMPORARY. CO�TS�TRUCTION E�SEMENT SITUATED .IN THE O.S. BREWSTER� S�TRVEY � . ABSTRACT N�. 56 DENT�N COUNTY, TEXAS ' �CONSULT�ING EH SNEERS� dct PL�NNERS � eon slx Fucs oRlv�( s�urre aoo , 7BPE FlRMo F�-t�191/YBPLS �IRA(t 60{ 63e-Do � n SCALE: 4 "A 50' DATE; , JULY 2011 J/�enton/P24-TCE-� Page 2 of 2 EXHIB�T "A" - Fage 2 0€ 2 PARCEL 24-TCE-1 LEGAY, DESCR.�TION TEMI'ORARY CONSTRUCTION EASEMENT BEING a 0,08 acre irac# of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a porti.on of Lot 2, Solar Way �1.dditian as recorded in Cabinet H, Page 44, Plat Records, Denton County, Texas, �anol being conveyed by deed to Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Dentan County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, sazd point bei�ng the southeast corner o� said Lot 2, and being the northeast coi�ner of Lot 3A, Solar Way Addition, as recorded in Cabinet H, Page 44, Plat �tecords, Denton County, Texas, being a common line, and being in the existing west right-of=way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South 88°33'S6" West, leaving said e�sting wesfi right-oi way line and along . co�nmon line, a distatxce o� 2.61 feet to a point for �lie POINT OF BEGII�I�IING; THENCE South 88°33'SG" West, continuing along common line, a distance of 75A1 feet to a point for corner; THENCE North O1°16'S2° West, leaving said common lir�e, a disfance of 50:18 feet to a point for carner; THENCE North 88°�3'OS" East, a distance of 66.69 feet to a point for corner; TT�ENCE South 10°�3'3b" Easti, a d'istance af 50'.�7''feet'to tl�e PaII�T OF`BEGINNTNG and CONTAINING 3,549 square feet, 0.08 acres of land, more or less. F1Zr2S'ZO/� � � � � � � U Q � � Q N � O N a L � L � LL. � U � �O L Q. � � _ � � � � 0 L Q � � _ � � � � � � X � � 'a !/� �"' � � O �� m N � � � � '= O � L �1 o c� :� 00 � U