2012-177s:llegal\our documentslordinancesU2lhenderson acquisition ordinance 2.doc
ORDINANCE NO. 2012-177
AN ORDINANCE AUTHORIZING THE EXECUTION OF A PURCHASE AGREEMENT
(HEREIN SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS
EXHIBIT "A", BY AND BETWEEN THE MARVIN HENDERSON ESTATE TRUST, AS
OWNER, AND THE CITY OF DENTON, TEXAS, AS BUYER, REGARDING THE SALE
AND PURCHASE OF (I) FEE SIMPLE TO A 34.92 ACRE TRACT SITUATED 1N THE
JAMES EDMONSON SURVEY, ABSTRACT NO. 400 AND THE S. PRITCHETT SURVEY,
ABSTRACT NO. 1004; AND (II) A DRAINAGE EASEMENT ENCUMBERING A 0.42
ACRE TRACT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT NO. 400,
ALL TRACTS LOCATED IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, AS
MORE PARTICULARLY DESCRIBED IN THE PURCHASE AGREEMENT, LOCATED
GENER.ALLY 1N THE 3400 BLOCK OF SOUTH BONNIE BRAE STREET (THE
"PROPERTY INTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING
BONNIE BR.AE STREET, A MUNICIPAL STREET AND ROADWAY, FOR THE
PURCHASE PRICE OF THREE HUNDRED FOURTEEN THOUSAND, EIGHT HUNDRED
SIXTY N1NE DOLLARS AND NO CENTS ($314,869.00), AND OTHER CONSIDERATION,
AS PRESCRIBED IN THE PURCHASE AGREEMENT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") made an initial offer to the Owner on May 18,
2012, to purchase the Property Interests, pursuant to Ordinance No. 2012-095, passed and
approved by the City Council of the City of Denton on May 1, 2012;
WHEREAS, Owner has made a counteroffer to the Initial Offer of City;
WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to
agree to same; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Council finds that a public use and necessity e�sts, and that the
public welfare and convenience require the acquisition of the Property Interests by 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 citizens of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is bereby authorized (a) to execute for
and on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A", with a purchase price of
$314,869.00 and other consideration, plus costs and expenses, all as prescribed in the Purchase
Agreement; and (ii) any other documents necessary for closing the transaction contemplated by
the Purchase Agreement; and (b) to malce expenditures in accordance with the terms of the
Purchase Agreement.
SECTION 3. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
�
PASSED AND APPROVED this the ��� day of , 2012.
�
i s
MARK A. BURROUGH�,�IAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By: ' �?
s:\legal`our documents\contracts\12\henderson purchase agreement 072o12.doc
PURCHASE AGREEMENT
NOTTCE
YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOV�, HAVE THE RIGHT
TO: (1) DISCUSS ANY �FFER 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, G�VERNMENT CODE.
THIS PURCHASE AGREEMENT (the "Agreement") is dated /� L�,j ���
,
2012, but effective as of the date provided below, between the Marvin Henderson Estate Trust
(referred to herein as "Owner") and the Ciiy of Denton, Texas ("City").
WITNESSETH:
WHEREAS, the Marvin Henderson Estate Trust is the Owner of a tract of land (the "Land")
in the James Edmonson Survey, Abstract Number 400 and the S. Pritchett Survey, Abstract No.
1004, being affected by the public unprovement project called the Bonnie Brae Street Widening
and Improvements Project ("Project"); and
WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii)
an easement: in, along, over, upon, under. and acrass,..a.portio�., af the, �arzdr_each. r.elated.to the
Project; and
WHEREAS, it is desirous o;F both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessar.y real:property i�ter•estg for the Rroject;
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
l. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special
Warranty Deed (herein so called), conveying to the Ciiy, subject to the reservations described
below, the tract of land being described in Exhibit "A" to that certain Special Warranty Deed,
and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being
attached hereto as Attachment 1 and made a part hereof; and (ii) a Drainage Easement (the
"Easement"), in, along, upon, under, over and across the tract of land being described in Exhibit
"A" to that certain Drainage Easement (the "Easement Lands"), attached herein as Attachment 2
and made a part hereof, for drainage purposes, as more particularly described therein.
The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated h�rein as "Attachment 1"; and (ii) the Easement shall be in the form and upon the
terms as attached hereto and incorporated herein as Attachment 2(the Fee Lands and the
Easement are collectively referred to herein as the "Property").
B. Owner shall reserve, for itself, its successors and assigns all oil, gas and other minerals in, on and
under and that may be produced from the Fee Lands< o�vnad by� 4wmer at the• Effective Date of this
Agreement.
2. As consideration for the granting and conveying of the Fee Lands and the Easement to the City,
the City shall pay to Owner at Closing the surn of Three Hundred Fourteen Thousand Eight Hundred
Sixty Nine and No/100 Dollars ($314,869.00). 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, any
private service lines or irxigation lines situated vvithin 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 work prescribed in this Section 3 is herein referred to as the "Easement
Work".
2
4. City shall have a period of thirty (30) calendar days (the "Title Review Period") commencing
with the Effective Date, in which to give written notice to Owner, specifying Buyer's objections to
one or more of liens;- securit�r interests, pledges, assignments, claims, charges, leases (surface, space,
mineral, or otherwise), conditions, restrictions, options, severed mineral or royalty interests,
conditional sales contracts, rights of first refusal, restrictive covenants, exceptions, easements
(temporary or permanent), rights-of-way, encroachrnents, or any other outstanding claims, interests,
estates, equities or encumbrances of any nature ("Objections"). The Owner is under no obligation to
cure the Objections, except as set forth below, but shall, within thirty (30) calendar days after Owner
is provided notice of Objections, either satisfy the Objections or promptly notify City in writing of
the Objections that Owner cannot or will not satisfy. Notwithstanding the foregoing sentence,
Owner shall, in any event, be obligated to cure those Objections that have been voluntarily placed on
or against the Property by Owner after the Effective Date. City shall have the right to aitempt any
and all curative efforts deemed necessary or advisable by it at any time frozn and after the Effective
Date, including without limitation, the negotiation of surface use subordination or accommodation
arrangements related to severed or leased mineral interests.
If Owner fails or refuses to satisfy any Objections that Owner zs not obligated to cure within the Title
Review Period, City ma� extend such period; said- e�tensian� to�-�r�ot exceed�• an� additional thirty (30)
calendar days. In the event said Objections have not been cured to the satisfaction of the City at the
expiration of the Title Review Period, as may be extended as described above, City has the option of
either:
(a) waiving the unsatisfied Objections by, and only by, notice in writing to Owner prior to Closing,
in which event those Objections shall become Pexxnitted Exceptions (herein so called), or
(b) ternunating this Agreement by notice in writing prior to Closing in which latter event Owner and
City shall have no further obligations, one to the other, with respect to the subject xnatter of this�
Agreement.
3
Owner shall provide to City, on or before three (3) days after the Effective Date, true and correct
copies of all oil, gas and/or mineral leases purporting to cover the mineral estate of the Pxoperty, as
well as any assignments of such lease(s) in the possession of Owner,
5. Owner stipulates that the Total Monetary Compensation payment and the Easement 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, value of, 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 kind within the Easement Lands andlor Fee Lands related to activities conducted pursuant to
the Easement or City ownership of the Fee Lands, interference with Owner's activities on the
Easement Lands or other property interests of Owner, caused by or related to activities related to the
Easement, whether accruing now or hereafter, and Owner hereby releases for itself, its successors
and assigns, the City, it's officers, employees, elected ofFicials, agents and contractors from and
against any and all claims they may have related to the herein described matters, events andlor
damages.
6. The Closing (herein so called) shall occur in and through the office of Universal Title Agency,
LLC; dlb/a Uni�ersal Land Title of Texas; 2650 Bardin��Ra�d,-S•uit� 101; G�and Frairie, Texas 75052
("Title Company"), with said Title Company acting as escrow agent, on November 7, 2012, unless
the Owner and the City mutually agree, in writing, to an� earlier or later date ("Closing Date").
7. The stipulated Total Monetary Compensation arnount shall be paid by the City at Closing to the
Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year
in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If
the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the
Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount� of
t�es levied against the Fee Lands for the calendar year in which Closing shall occur is known. The
resuli of such proration is that the Owner shall pay for those taxes attributable to the period of time
prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to
0
change of land usage or ownership occurring prior to Closing) and City shall pay for those taxes
attributable to the period commencing as of the Closing Date. All other typical, customary and
standard closing costs associated with this transaction shall be paid specifically by the City, except
for Owner's attorney's fees, if any, which shall be paid by Owner. If the conveyance contemplated
by this Agreement or the use of the Fee Lan.ds by the City after the Closing results in the assessment
of additional taxes, penalties or interest (the "Rollback Assessments") for periods prior to Closing,
Owner shall not be responsible for the Rollback Assessments. If Rollback Assessments are or
become due as a result of any activity, use, non-use or any other matter occurring prior to Closing, or
from the denial of a special use valuation of the Fee Land claimed by Owner, Owner shall be
responsible for the Rollback Assessments. Without limiting the general naiure of Section 15, below,
the obligations contained herein shall survive Closing and shall not be merged with the Special
Warranty Deed.
8. The date on which �us Agreement is executed by the Owner shall be the "Effective Daie" of this
Agreement.
9.A. In the event Owner shall default- in-the performance of any covenan� 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 a�ail�ble ��a �tt b� l�w; contra�t; 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 de£ault 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 Ciiy; 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. THTS AGREEMENT IS PERFORMABLE IN DENTON
COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE
SOLELY 1N THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY,
TEXAS.
5
11. From and after the Effective Date of this Agreement, through and including the Closing Date,
Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter
into. any Agreement that �ill be binding upon the Fee Lands or Easement Lands, or upon the O.wner
with respect to the Fee Lands or Easement Lands.
12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be
delivered by telephoruc facsimile, hand delivery or by United States Mail, as descxibed herein, and
shall be deemed delivered 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:
0 WNER:
Maxvin Henderson Estate Trust
P.O. Box 74
Justin, Texas 76247-0074
Phone_
Telecopy:
Copies to:
For Owner:
Telecopy:
CITY:
City of Denton
Paul Williamson �
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Citv:
Richard Casner, Deputy City Attorney
City Attorney's Office
21�.E...1VIc�i�n�.y .
Denton, Texas 76201
Telecopy: (940) 382-7923
13. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between tfie parties with xespect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
�
14. The Trustee(s) of the Marvin Henderson Estate Trust (as used in this Section 14, the "Trust")
shall, on or before fifteen (1 S) days after the Effective Date, (i) deliver to City a true, correct and
complete copy of the trust agreement of the Trust identifying the "true owner" o£ the Property;
and (ii) identify the "true owner" of the Property to City, all in accordance with Section 2252.092
of the Texas Government Code.
15. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Special Warranty Deed and/or Easement.
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 Property, City may, at its election, terminate this Agreement at any time prior
to Closing.
17. Authority to take any actions that are to be, or may be, taken by City under this Agreement
and/or Easement, including without limitation, adjusting the Closing Date of this Agreementare
hereby delegated by City, pursuant to action by the City Councii of Denton, Texas, to Frank
Payne, City Engineer of City, or his designee.
CITY OF DENTON, TEXAS
By: �_---
GEORGE C. CAMPBELL,
.�II�irI�\�I:[e��:�
Date: � �5 � �, 2012
ATTEST:
. . . ,.
� _, �/1 i 1� . � ��/�l. �
� �
7
Date: �(" o� � , 2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: C� ``
Date: / ��� ��� �� , 2012
OWNER:
The Marvin Henderson Estate Trust
By �
Name: ��,►��i/��'�1BUJAA����
�
�
Title: �. a� �
Date: � � ,.2012
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreament and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended
from time to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Universal Title Agency, LLC
d/b/a Universal Land Title of Texas
2650 Bardin Road, Suite 101
Grand Prairie, Texas 75052
Telephone: (972) 206-7570
Telecopy: (972) 206-2870
:
Printed Name:
Title:
Contract receipt date: , 2012
�
s:Uegallour documents\contracts1121henderson special warranty deed 070312.doc
ATTACHMENT 1
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTLA.LITY RIGHTS: IF YOU ARE A NATURAL
PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUNlENT 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 WA�RR.ANTY DEED
STATE OF TEXAS
COUNTY OF DENT�N
.
KNOW ALL MEN BY THESE PRESENTS:
That the MARVIN HENDERSON ESTATE TRUST (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.
McKimiey, 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 Graniee a11 the real property in
Denton County, Texas being particularly described in Exhibit "A", attached hereio and
made a part hereof for all purposes, and being located in Denton County, Texas, together
with any and all rights. or.inter.ests..of..:Cir.anto,����:and.to�-adj�ace�n��-stre�ts�; alleys and rights
of way and together with all and singular the improvements and fixtures ihereon and all
other rights and appurtenances thereto (collectively, the "Property"). �
Grantor reserves, for itself; its successors�a�d assigns all°oi�l; gas-a�d`oth�rmirteratls in, on
and under and that may be produced from the Property.
This conveyance is subject to the following:
The reservation of an undivided one-half (1/2) 'vnterest in and to all minerals
contained in, upon and under the Property and the right to make a lease for the
developinent of said premises for oil, gas and minerals, as provided in that certain Deed
dated on or about March 7, 1938, from Springside Jersey Farm to W.T. Hall, recorded in
Volume 266, Page 591, Deed Records, Denton Couniy, Texas and all documents filed of
record in the Real Property Records, including but not limited to valid and subsisting
easements, restrictions, rights of way, mineral reservations and oil and gas leases, if any.
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 assigms forever; and Grantor does hereby bind Grantor and Grantor's successors and
assigns to WARRANT AND FOREVER DEFEND all and singulax 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, except as to the reservations and exceptions set forth herein.
EXECUTED the day of , 2012.
The Marvin Henderson Estate Trust
By: _
Name:
Title:
Page 2 of 3
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON §
This instrument was acknowledged before me on , 2012 by
as Trustee of the Marvin Henderson Estate Trust.
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
Notary Public, State of Texas
My commission expires:
Property T� Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
e
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: . • '. � E�IBIT �"A".- Page 3 of 5 :
• , . . . • . '� .�, ' .:. , . . , • • • , �
. � . • � � '� �PARCEL 37-ROW-1 �� �. , . . .
' • . � �' ' . . , � : �LEGAL DES CRIPTION • . ' • � . . � '
: � � �_ � .� : • : RIGHT-OF�--W�IYDEDICATION:.. �. .:. • � : . �. .... .
. .. • � . . • .� ,• . • ;� ' . � . • . , . .
� Being a,34,92 acre tract'of Ia17d sitUated in the James Edmonson 5urvey, Ab'stractNo.400, and'the
°,.. S. Pritchett�Sur�ey,�AbstractNo,•1004-, Denton Couniy, Texas and being�a,portioit.ofthatcertain
• : h•act of laild cbttveyecl to � Marvin, Henderson Estate T�=ust; �as recorded in 'In'strument�No: 96-�
R0055800;': Deed Records, '�Dentori County,`Teicas; and' being mo're particiilarly,. described� as ��
follows: � .: . . ' . . . • . � . • ,
BEGINNING. at a found' 1,/2 inch iron• rod, said point •being the south line� �f said .1Vlarvi�i
Henderson �fract, �and being the north line �of a•tract of fand conveyed to Richard A'.'Gray, Jr'as .°
recorded�in Instrunient No. 2008=128436,,�Deed Record's, Denton Couniy; Texas,.beiiig a�coinmbn �'
line, �and b�ing in� the. proposed. souther]y right-bf;way line. bf Bonnie �Brae� Street. (liaving a,
variable �widtll �R.O.W,); : • � • . • • �' , , . • , � : . � � � • ' . ' '
THENCE North 06°26'20".. West, along �said co►nmon line, and alotig.,'said proposed soutllerly
� .right of-way lirie, a�disl:ance of20.11 feetto a�found ]/2 incti'irot��rod for corner;• �����. � �,
THENCE South 84°02'32" Wesf, continuing aIoug said:coi'nmoi� line,� a�id along said�•proposed �
., southerly right-of-way��(ine, a disEance of 200:12 �feet io a set �1/2�i»cl� iron rod with GA1 cap,•for �
• cornex; . ' ,' • , ' � - , • : • .. . . . : . . .
. � . , . • . , � : • � . '. ,. : . . : . .
• TI-IENCE North OS°5'1'28" �'est,��leav4ng��said�corrimon�iine, aild al'ong the propose:d �weste'rly
.:. right=of-way� line of�said Bonnie�Brae Street, a distance of 13..76.feef ta, a.set'.1/2.inch'•iron rod
with GA1 cap for corner, for the beginning'of a non-tangent,.curve to the'1eft having a r.adius �of
512.64 feet an�d �a cent�at angle of 17.°18'17" and a'Jon'g'chord wlticlt•bears�North 71°24'08" �ast, .
' 154.24��feet; . . ' • � . . . . . . . ' . • ' .
�� THENCE continujng along said proposed wesferly right-of-way (ine,.and along �said non-tangent �
curve to the ]eft an arc.distanee of ]54.$3 feetto a set�'1/2�;inch iron.rod.v�ith GAI• cap�for corner,' �
for'the beginning�oi' a' compound curve to the left having a radius of 244.92 feet; a central .angle ��
of 48°22'08", and a long ohoi`d which bzars NortJZ 33°48'36" East, 2QQ.b7� feet; �•. ��: � �••
� THENCE continuing along said��pxop.osed 'v,�esterly right-of-way li�ie, arid along said.compound '
� curve to �the.left, an arc distance of 206.76 feet to a set 1/2,ineh iron rod wit]1.GAI cap for,corner; ��
. . .THENCENorth .1.I°33.'42',''�ast, 'continurng,along� said��proposed��v,Festerly�rrghfi-af-wa�•lin'e;'a' �
; distance of 1;] 9.41 feei to a'set,l/2 incli iron rod�with GAI cap for �orner; ��• ',� r� �. �
•� 'I'HENCE North �IO°57'23". East,�'continuiiig along��said proposed� westerly right-of wa}� Iine, a
� d�stance �of 221.88 feet tp a set 1/2• inch iron rod wifll GAI cap,f or corner; .�, .� '��. �,�.
THENCE' North I4°30'42" East, co�itinuing aloiig sai'd pt`oposed •westerly, rigllt-of-way line,'�a . �
:. distance of 1.18.06 feetto a set t/2 incli iron rod wiih:GAi"cap,for corner;�. ' : .���
�
�
�
�
� Paae 4 of 5 � � � �
. . . � '.• � �, . .. EXHIBIT�"A" - Page 4 of 5 .
. b . . • , : . . . . , , .
''' �THENCE Nortll 09°42'14" East, continuing alorig said pi�oposed v,westerly rigl�t-of-way line, a
distance of 242.28 feet to a�set'1/2 incl� iron rod with GAI cap for�corner, s2id'point being the
noi-th' line of said Marvin Henderson t�aqt and'being in the south (ine, of a tracf conveyed to:Jack
� Arlyn Par(ces as reco"rded in Vo(ume 4073, Page •I207, Deeds Records,•.Denton,County,'Texas, :
• being'a.comm.on'lina,.'and. bein� in the pro.posed riortherly righ't-o"f-vray line of said Bonnie. Brae
, Street;. • . . � • . • • . ' . • . . ' . � . • . • " ' . ' .
.. THENCE Nortli 57°03'.37"'East, leaviilg said j�roposed westerly�righ't-of-way,tine,. and.a[ong said
'�proposed'northerl.y right-of way (i�ie, a�ld along_said common line, a distariae of�162.52 feet to'a
. •.set 1/2 incl� iron rnd witti .GAi' cap for.corner; . ; • ; ' ' � ' •. . ;
�THENCE North 80°10'16" East, •con'tinuing�along said comtl�on line; and along �aic(�proposed�
'.northerly right-of-way,line, a distance of 577.53� feet to the passi�ig the southwest corner,of;said
', Parkes tract contintiing a tota(.distance of 958.63 feet to a set 1/2 inch, irori.rod with GAI. cap'for
''corner, said �point being the nortl� line of said Marvin Heitderson tract and�beirig in the south •line
, of a traet co�lveyed to Longf�orn Council��Boy.S�cout .Fouudation,�[ne, as�recorded��in �Volutne 450, ',
. -Page 526, �Deed Records, Denton County, Texas;•and being,in the proposed easterly r,i�ght-of way •,
line'of said $onnie Brae Sh•eet; � : ' � . , .' .', � ��' . �, � r� • • - .� : ; •
THENCE�Bouth.49°18'44" East, along said cominon line,'and along�saicl'proposed �easter(y righf- •
� of-way liue, a distance of 302.06 feet to a"sef 1/2 inch iron�rod iuitli GAI cap for,corrier; :
'� THENCE South�00°43'41" East, �continuing .along said common line;� ai�d �along said'proposed
, easterly•right-of-way line,'a distance of 1029.00 feet t6 a set 1/2 inch iron rod twith�Gt1I cap for
corner; said�point,being the southeast corner•of said Marvin Henderson trac� �and being the �
northeast corner of said Richard' A. Gray'tract; being a commQn��line,'•and being in the.proposed
� southerly;righf-of-way Iine of said Bonnie �Brae Street; • . .; , • ; •, ,- .�.;, • .: � �. �, - .
THENC� South 89°47'0�6"• West, along said cbmrrson line, and along� said-proposed southerly.
right-of v,way line, a distarice of 6•,53.feet to a set �]/2 inch iron rod with GAI cap�for'corrier;�_ ,•
�- THENCE�South �89°42'34" West;� continuing al6ng said ;COrnnion line; and along said propbsed
� southerly right-of-way line, a distance of 727.78 feet'to a sei. l/2 inch iron rod'with�G'AI cap for �
cainer; ' � . ' � ' . �.. . . . . . .� • • . , .
'T'I;IENCB�North 73°5�7'13" VJest, continuing a.long said'common line; and along said�proposecl '
,� "southerly righ't-of-way��line a distance of 45.79 Fee't to a set 1/2 inch',iron r.od�wifh� GAl.cap for ,
corner;.; : .. - . • • . . .. ' . ' . • ' . ' . . . • . . .. ' ' , . . • , • . '
THENCE T�Iorth 73°54`:10'" West, continuing:`aloi�g said,coinmon line; and"along sai�.' proposed .
souther[y right:of-way line a distance of 600,57 feet to.a found 2 inch �iron pipe:fo'r cornei-; :�
THENC.E� South �I •23'32" West, continuing'along said� comn�on line,� and �.toiig:said proposed
'southerly right-of-'way li�ne a�distaitce of 1 l I.66 �eef to a set 1/2 inch' iron �rod with GAI'cap for '�
corner; • . . '. . - . ' ' ' ' , • .' .� �. . . .' �� . � . , .
�THENCE •South 60°29'24" 1�est, cdiltinuing aloilg �said�coin'rnon liile; and af.ong s'aicl �proposed .�
soutl�er(y right-of-way line. a distance of 46.27 feet to a set' li2 �inch iron"rod witll GAI �cap for '. '
coriler; .' � ' . � . ' , .' : . ' , . � , .. . • � . .'. .' . . . . " '
W
�
, , • : . . � • , . . . , ' � � � , ' • EXHZBIT.��A�� - Page 5 of 5 �
, . . . , .. . . . �
� . Page S�of S' . . , � • . . . . '. ,. . ,� � . ,� 'i
o �� �� � • ' ' • ; � • .�. ' . ,• - � � �.. �. � . . 'll
, THENCE South 14 4�1 23•. East, continuing a[ong said coinmon line, :and'a�Ion�g said proposed
soutl�erly right-of-way. liiie�a distance of I3.36 feet to a found rail road 'spike, for'corner; ��•.. .
� . •'� THENCE Nortlt 88°43'24" We$t, coiltinuing along said cotnnton line, and,�alortg.said proposed ' ��
• i
souther.ly 1=ight-of-way (ine, a distance �of �43.70 feef to•.the POINT OF BEGINN'!NG aild , �
� CONTAINING 1,520,997 'square feet, 34.92 .acres' of land,' iriore .or less, .of which°11,836 �' ' �
� . �square feet o:Fland is being usec� as roadway use�and dxainage�at th"is tim:e.'. .� .'. ., �� �
. . ' ' .; .' . • . ' '• . .: .� . . ' ���G`p��T�� •' : '. ; I
• .. . . . , . . � .. , • . . �;�� ,� ' Fa .-Y� . I
, . . . . . . , •� I�.L �PE7ERSON � • . . ' �
,....�...5999 �'�: " � .
.. , .. • � � � . � � '•:�o�- o�¢' O � ' ' .
, , . . . � , . . • • -g-��.,,�ssi,.•'-�� •
. • . . . . . J•� `�� . . �
.. : ..'. .� . .. '. � . •'..'� � � . ' .' � ' . ' . :
• " • , • . • • , . d��2¢- ZDIZ�. . : ' �
- . . . . . . , • . '
' . . . � . ' . . . ' . . . � . � • . . � • , . . � " . i
. . , . . . : : • .. . • .. . ' i
• • • � � ' ; .. „ • . ' . 1 • . . '
' _ � ' . ' ' . • ' . • ' '.. . , • . • ' .. . .. ., . , • i
. . . . • . ' .. - . . �. .' � • . ' . . .' ' , • . I�
.. • . , . .. , ' . ; , .... , : ' . . I
• . . , ' • � 1 ' • , . .. , . '. . :, � . • , , . • I
• ' ,. • . � ' � ' . . • ' . • , . . . . .. . .
. . '' ' _ . ' • • . • • ' . � . i
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ATTACHMENT 2
TO
PURCHASE AGREEMENT
NOTICE OF CONFIDENTI.ALITY RIGHTS: IF YOU AItE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN TNTEREST 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 TEXA.S
COUNTY OF DENTON
DRAINAGE EASEMENT
§
§ KNOW ALL MEN BY THESE PRESENTS:
§
THAT the Marvin Henderson Estate Trust ("Grantor"), whose mailing address is P.O. Box 74,
Justin, Texas 76247-0074, 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 GRt1NTED, BARGAII�TED; SOLD and
CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the
City of Denton, Texas ("Grantee") a perpetual drainage easement in, along, upon, under, over
and across the following described property (the "Property"), owned by Grantor, and situated in
Denton County, Texas, located in the James Edmonson Survey, Abstract Number 400, to wit:
PROPERTY DESCRIBED IN EXHIBIT "A"
ATTACHED HERETO AND MADE A PART HEREOF
For the following purposes:
Constructing, . reconstructing, installing, repairing, relocating, operating, and perpetually
maintaining drainage, including without limifation, the righf to overflow the property, and
related structures, facilities and appurtenances, in, along, upon, under, over and across said
Property. The rights granted herein shall further include, without limitation, the free and
interrupted use, liberty, passage, ingress, egress ar�d 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 drainage facilities and/or drainage features or
grade or any part thereof.
This Easement is subject to the following covenants and agreements:
1, Structures. No buildings, fences, structures, signs, facilities, improvements or
obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or
placed in, along, upon, under, over or across the Properiy. 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
Properiy and dispose of any such buildings, fences, structures, signs, facilities, improvements or
obstructions in any ma.nner it deems appropriate without liabiliiy to Grantee.
2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the
Property by Grantor that may ixnpair, 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 irees 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
constiiute 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.
Grantor:
The Marvin Henderson Estate Trust
By: _
Name:
Title:
ACKNOWLEDGMENT
THE STATE OR TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged hefore me on , 2012 by
as Trustee of the Marvin Henderson Estate Trust.
Notary Public, in and for the State of Texas
My Commission Expires;
Accepted this day of , 2012, for the City of Denton,
Texas (Ordinance No. 2012- ).
C
Paul Williamson
Real Estate Managex
AFTER RECORDING RETURN TO:
City of Denton — Eng�ineering Departrr•ient•
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
3
PAGE ! OF 2
N29'54'i6"W
i10.0!'
TOMMY F, HOLAMON
VOL, 5i64, PG. 641
O.R,�,C.7.
N57'03'37"E -
2.65'
52, 26' E
N6021s,2 .
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! POINT OF
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JACK ARLYN PARKES
VOL. 4073, PG. 1207
d.R.�.C,T.
'S2'17"W
04,56'
. . .;
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• �• . � �
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SUAYEY LINE pOINT 0�
COMMEAICTNG
FNO s/2� t.q, '
RICHAAO A GRAY, JR ;•��::.:{}�;%•�yr�:''af�,�`t'^�i
❑OC. ND. 2008-128436 •'"�'
D.R.�.C.T,
�
BASIS OF BEARING I5 NORTH AMEFICAN DATCIhi
DF 1983 (NAD-83) STATE PLANE CDORDINATE
SYSTEM, TEXAS NORTH CENTRA�.
n
SCALE: 1"=200'
EYS�IBI'Z' "A" - Pa�e 1 of 2
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o IQI
MARVIN HEN�ER50N ESTATE TRUST
OOC, N0, 96-R0055B00
❑.R�D,C,T.
�
RICHAR� A. GRAY, JR
DOC. N0. 2008-126436
❑,R,D.C.T.
N�TES:
i, THIS EASEMENT LIES WITHIN A FEOERAL EMERGENCY•
MANkGEME�T A'G�NCi`"'pESIGNAT�U"FCOOD"'PLAIN OR
FL00� PRONE AREA AS OESIGNATED DN THE FLOOD
INSURANCE RATE MAP FOR DENTON COUNTY CoMMUNITY
PANEL 48121C0370 G,EFFECTIVE OATE APRIL 18,2011.
PARCEL 37—DE—.1 �
�BEING A
� � 18,33� SQ,FT./0.42 ACRE
•�".: VARrABLE WIDTH DRAINAGE EASEMENT
SITCIATED IN THE �'AMES EDMONSON SURVEY,
ABSTRACT N0. 400
Graham Associdtes,(nc. DENTON COUNTY, TEXAS
. CONSULTfNG ENGINEERS dc PLANNERS
eoo sIX Fuos oRlVe, sUIrE eao
ARLINc7oN, 7ExAS 7ao11 (917) e4o-E5a5
TBPE FlRMi F-11B1/THPLS Flft{At 101638-00
�ATE:. FEBAUARY 201•2- I �
J/Oenton/P37-�E-�
�age 2 of 2
PARCEL 37-DE-1
LEGAL DESCRIPTION
VARIABLE WIDTH DRAINAGE BASEMENT
EXHIBIT "A" - �'age 2 of 2
Being a 0.42 acre iract of land situated in the James Edmonson Survey, Abstract No.400, Denton
County, Texas and being a portion of that cettain tract Qi land conveyed to Marvin Henderson
Estate Trust, as recorded in Instrument No, 96-R0055800, Deed Records, Denton County, Texas,
and being more particularly described as follows;
C�MMENCING at a found 1/2 inch iron rod, said point being the south line of said Marvin
Henderson tract, and being the north line of a tract of land conveyed to R.ichard A. Gray, Jr as
recorded in Instrument No, 2008-128436, Deed Records, Denton County, Texas, beiug a common
line;
THENCE North 00°11'17" East, leaving said common line, a distanoe of 716.46 feet to a point
for the POINT OF BEGINN]NG;
THENCE North 29°54'I6" West, a distance of 110.01 feet to a point for comer, said point being
in the north li�ne of said Marvin Henderson tract, and being in the south Iiue of tract conveyed to
Tornmy R. Holamon, as recorded in Volume 5164, Page 641, Deed�Recozds, Denton County,
Texas, being a common line; �
THENCE North 68°52'20" East, along said common line, a distance of 218.26 feet to a point for
corner; -
THENCE North 57°03'37" East, continuing along said common line, a disfance of 2.65 feei to a
pointfor corner;
THENCE South 08°52'17" West, leaving.said.common line; � dist�nce-af 104:56-feei to� a°point
for corner; . �
T.HENCE South 61 °50'S0" West, a d.istance of 152,95 feet to the POINT OF BEGINNING and
CONTAINII�TG 18,335 square feet, 0,42 acres of land, more or less.
�3-�s' �--- . _