2012-310z:lordinances1121joab 58 ordinance.doc
ORDINANCE NO. 2� 12-310
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO EXECUTE A PURCHASE AGREEMENT (HEREIN
SO CALLED), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A",
BY AND BETWEEN JOAB PARTNERS, L.P., A TEXAS LIMITED PARTNERSHIP, AS
OWNER (HEREIN SO CALLED), AND THE CITY OF DENTON, TEXAS, AS BUYER,
REGARDING THE SALE AND PURCHASE OF FEE SIMPLE TO A 0.58 ACRE TRACT
SITUATED 1N THE JAMES L. HARRIS SURVEY, ABSTRACT NO. 555 AND THE
WILLIAM ROARK SURVEY, ABSTRACT NO, 1087 AND LOCATED 1N THE CITY OF
DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED 1N THE
PURCHASE AGREEMENT, LOCATED GENERALLY NORTHEAST OF THE
INTERSECTION OF SOUTH BONNIE BRAE STREET AND VINTAGE PARKWAY (THE
"PROPERTY INTERESTS"), FOR THE PURCHASE PRICE OF EIGHTY SIX THOUSAND,
SIX HUNDRED THIRTEEN DOLLARS AND NO CENTS ($86,613.00), AND OTHER
CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT;
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AND
DELIVER ANY AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH
CLOSING OF THE TRANSACTION CONTEMPLATED BY THE PURCHASE
AGREEMENT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") made an Initial Offer (herein so called) to the
Owner to purchase the Property Interests, pursuant to Ordinance No. 2012-108, passed and
approved by the City Council of the City of Denton on May 15, 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 Manager, or his designee, is hereby 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 $86,613.00
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 2. If any section, article, paragraph, sentence, phrase, clause or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding sha11 not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the � day of �''�'U � 2012.
MARK A. B O HS, YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
EXHIB IT "A"
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 the JOAB PAR RS, L.P., a Texas
limited partnership (referred to herein as "Owner") and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, JOAB PARTNERS, L.P., a Texas limited partnership, is the Owner of a tract
of land (the "Land") in the William Roark Survey, Abstract Number 1087, being affected by the
public improvement project called the Bonnie Brae Street Widening and Improvements Project
("Project"); and
WHEREAS, City is in need of certain fee simple lands, being a part of the Land, related to
the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary real property interests for the Project;
1
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as
follows:
1. A. At Closing, the Owner shall grant, execute, and deliver to the City a Special Warranty
Deed (herein so called), conveying to the City, subject to the reservation 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.
The Special Warranty Deed shall be in the form and upon the terms as attached hereto and
incorporated herein as "Attachment 1 ".
B. Owner, subject to the limitation of such reservation made herein, 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. Owner, its 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 tank batteries, pipelines, roads, electricity or other
utility infrastructure, and/or for subj acent or lateral support for any surface facilities or well bores, or
any other infrastructure or improvement of any kind or type in connection with or related to the
reserved oil, gas and other minerals, and/or related to the exploration or production of same.
As used herein, the term "minerals" sha11 include oil, gas and all associated hydrocarbons, and shall
exclude (i) all substances that any reasonable extraction, mining or other exploration and/or
production method, operation, process or procedure would consume, deplete or destroy the surface
of the Fee Lands; and (ii) all substances (except oil and gas) which are at or near the surface of the
Fee Lands. The intent of the parties hereto is that the� meaning of the term "minerals" as utilized
herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980).
�
As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the
earth to a depth of iive hundred feet (500') below the surface of the earth and all areas above the
surface of the earth.
2. As consideration for the
to Owner at Closing the sum of
and conveying
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Fee Lands to the City, the City shall pa
n�,,.. -.. �Q�n ti�� nm. The monetary compensation prescribed in this Section 2 is herein referred to
, •
as the "Total Monetary Compensation".
3. The Owner shall convey and grant to the City the Fee Lands 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, 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 10,
below. However, if the Encumbrances are not cured as provided herein, City has the option of either
(i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or
prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted
Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement;
or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and
City shall have no further obligations under this Agreement.
4. Owner stipulates that the Total Monetary Compensation payment constitutes and includes a11
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
Fee Lands related to activities conducted pursuant to the City ownership of the Fee Lands,
interference with Owner's activities on other property interests of Owner, caused by or related to
activities related to the Project on the Fee Lands, whether accruing now or hereafter, and Owner
3
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 now or in the
future, related to the herein described matters, events and/or damages.
`��ZIA�
5. 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 Baxdin Road, Suite 101, Grand Prairie, Texas 750 2
.
("Title Company"), with said Title Company acting as escrow agent, on the date which is -9��� s�
after the Effective Date, unless the Owner and the City ally agree, in writing, to an earlier or
b y o�W.e ���, a.� ► a� �NiTrAI
later date ("Closing Date")f 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.
6. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the
Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year
in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If
the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the
Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the
Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of
taxes levied against the Fee Lands for the calendar year in which Closing shall occur is 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 assessments for prior years due to
change of land usage or ownership occurring prior to the Closing Date) 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.
7. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this
Agreement.
8.A. In the event Owner shall default in the performance of any covenant or term provided herein,
and such default shall be continuing after ten (10) days written notice of default and opportunity to
4
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.
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE 1N DENTON
COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE
SOLELY 1N THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY,
TEXAS.
10. 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 (ii) enter into any Agreement
that will be binding upon the Fee Lands, or upon the Owner with respect to the Fee Lands after the
date of Closing.
11. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be
delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and
shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand
delivered 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:
JOAB PARTNERS, L.P.
��� .��s
9'00 %� Wa � y! U�" G'ee�C �''e-100
^�.'+,�, S ��I� T� 76a�3
Phone �' 1 ? - `�°i�-� 73s�
Telecopy: �l7-�`��- (�t0,�
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
5
Copies to:
For Owner:
ts .
. �
, s , ��
f / [ � ��
Telecopy:
For Citv:
Richard Casner, Deputy City Attorney
City Attorney's Office
215 E. McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
12. This Agreement constitutes the sole and only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the parties with respect to the subject
matter of this Agreement. Time is of the essence with respect to this Agreement.
13. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Special Warranty Deed.
14. In the event prior to the Closing Date, condemnation or eminent domain proceedings are
threatened or initiated by any entity or party other than the City that might result in the taking of
any portion of the Fee Lands, City may, at its election, terminate this Agreement at any time
prior to Closing.
15. Authority to take 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, are hereby delegated
by City, pursuant to action by the City Council of Denton, Texas, to Frank Payne, City Engineer
of City, or his designee.
���TIA�
CITY OF DENTON, TEXAS
By: �,�
GEORGE C. CAMPBELL,
CITY MANAGER
J 2012
Date: '� ,
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
Date: � , 2012
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�:
C�-1
Date: �'`'y % , 2012
�
OWNER:
R ��'�
�
���
Z � �'
JOAB PART RS, L.P., a exas limited partnership
By:
Name: .Seo %��-z�//
Title: j%'Ce���S�°�c.�.� o?' f���-li�P/�US �Ci
G�e�ne('q� d'Ar�Cer v� ;T�,a� �arYi�-ec�S'� Lf
Date: l��a °l , 2012
7
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement and to perform its duties pursuant to the provisions of this
Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended
from time to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Universal Title Agency, LLC
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
n
s:\legal\our documents\contracts1121bonnie brae - pazcel 58 - joab 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 the JOAB PARTNERS, L.P., a Texas limited partnership (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 GR.ANTED, SOLD and CONVEYED, and
by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property
in Denton County, Texas being particularly described in Exhibit "A", attached hereto and
made a part hereof for all purposes, and being located in Denton County, Texas, together
with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights
of way and together with all and singular the improvements and fixtures thereon and all
other rights and appurtenances thereto (collectively, the "Property")
Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its
successors and assigns all oil, gas and other minerals in, on and under and that may be
produced from the Property. Grantor, its 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
andlor 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, tanks or tank batteries, pipelines, roads, electricity or other utility
infrastructure, and/or for subj acent or lateral support for any surface facilities or well
bores, or any other infrastructure or improvement of any kind or type in connection with
or related to the reserved oil, gas and other minerals, 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 sha11 exclude (i) all substances (except oil and gas) that any reasonable extraction,
mining or other exploration and/or production method, operation, process or procedure
would consume, deplete or destroy the surface of the Property; and (ii) a11 substances
(except oil and gas) which are at or near the 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 singulax 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 �e,��� , 2012.
JOAB PARTNERS, L.P., a Texas limited
partnership
By:
Name: �;.n7f` z-�
Title: ���_�rc�,�%�f�ao✓s L�c°� �p
C'�Y/'v�"�l Poi�er �eab �rfr^e�s c.-(!
ACKNOWLEDGMENT
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowle�ed before me on 1f� � d°1 , 2012 by
��(-�- �ZZ..�(/ , �/���� r� ,� �' of JOAB PARTNERS, L.P., a
Texas limited partnership, on behalf of said limited partnership.
�����r��,�. RI N D WADSWORTH
�"`�� Notsry Public
"� � ` STA'C� OF TEXAS
,,;b!,
My Co�m. �xp. Aug 27, Z016
Upon Filing Return To:
The City of Denton-Engineering
Attn: Paul Williamson
901-A Texas Street
Denton, Texas 76209
Page 3 of 3
ary Public, State of Texas
My commission expires: —����
Property Tax Bills To:
City of Denton Finance Department
215 E. McKinney Street
Denton, Texas 76201
PAGE S OF 2
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EXHIBIT "A" - Page 1 of 2
IN7 OF I
GINNIN�
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i 4573 JOE VAN WAY
LOT 12, dLOCK B
I KE4IN PRpTHER
� 4517 JOE VAN WAY
f LOT 13 BLOCK B
OR.HORTON TEXAS LTD
SET 1/2'TR/OAI CAP
1'22'09"E
A8.50'
REMAINDER TRACT
JOAB PARTNERS, L,P,
VOL. 4203, PG. 855
O.R.O,C.T. �
•S01'!9'09"E ; � ....
269.62' . .
PAOPO5E0 R.O,W. �� � .
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6ET 1/2'Iq/GAI CAP
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22.04'
SET f/2'IR/GAI CAP
E%ISTING R.O.W. E%ISTINO fl.O.W.
$B9 �O6 � S2°W I 1`. I I 20' OENTON COUNTY ELECTRIC
' - - — 106, 1�' � _� I•VOLA640 � OIN91 R.O�N.- - - - ' -
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PUBLIC SAFETY TRAININO FACILITY RI W i I;
L0T 2, 61.pGK A J
C.C.NO, 2009-22-0 m
P,R.U.C.T. a � �' NOTE: SET 1/2" I.R. W/ GAI CAP 70
a �:: �:' BE SET AT END OF CONSTRUCTION.
�� I I'BASIS OF BEARING IS NORTH AMERICAN DATUM
�� OF 1983 {NAO-83) STAT� PLANE COOR�INATE
PARCEL 5 8— R OyV— 1 SYSTEM, TEXAS NORTH CENTRAL,
BEING A
25,4fi2 SQ.FT./0.58 ACRE
OF WHICH 10,643 SQ. FT. LIES WITHIN
EXISTING RIGHT—OF—WAY OF BONNIE BRAE STREET
SITUATED IN THE WILLIAM ROARK SUR�EY,
ABSTRACT N0. 1087,
DENTON COUNTY, TEXAS
�
GRAPHIq SOALE !'e100'
� Graham p►SSOCIqtQS,�11C. o so ioo iso
■ CONSULTIN(i ENOINEERS dc PLANNERS
eoo s�x fuas oRIVE, suI7E eoo
ARLINOTON, TEXAB 76011 (817 0�0-B6J6
1EPE FlRM: F-11Y1/iBPLS �IR : 1016�6-00 DATE: JANUARY 2012
J/Oenton/P58-Raw-i
PAGE 2 OF 2
PARCEL 58-ROW-1
LEGAL DESCRIl'TION
EXHIBIT "A" - Page 2 of 2
BEING a 0.58 acre tract of land situated in the James L. Harris Survey, Abstract No. S55 and the
William Roark Survey, Abstract No. 1067, Denton County, Texas, being a portion of the
Remainder Tract of Joab Partners, L.P., as recorded in Volunne 4203, Page 855, Deed Records,
Denton County, Texas, Said 0.58 acre tract of land being more particularly described by metes
and bounds as follows:
BEGINNING at a found 5/8 inch iron rod, being the southwest corner of a 48.50 foot right-of-
way dedication conveyed by deed to the City of Denton, as recorded in Instrument No. 2011-
124642, Deed Records, Denton County, Texas, being in the north line of said Remainder Tract of
Joab Partners and being in the existing east right-of-way line of Bonnie Brae Street (a variable
width R.O.W.);
THENC� North 89°22'09" East, leaving said existing east right-of-way line and following along
said north line of Remainder Tract of Joab Partners, for a distance of 48.50 feet to a set 1/2 inch
iron rod with GAI cap for corner, being in the proposed east right-of-way line of said Bonnie
Brae Street;
THENCE South O1°19'09" East, leaving said north line and following along said proposed east
right-of-way 1ine, for a distance of 269,62 feet to a set 1/2 inch iron rod with GAI cap for corner,
being the most northerly point of a comer-clip with the existing north right-o£ way line of
Vintage Boulevard;
THENCE South 46°08'14" East, along said corner-clip, for a distance of 22.04 feet to a set 1/2
inch iron rod with GAI cap for corner, being in said existing north right-of-way line of Vintage
Boulevard (a 135 foot R.O,W, at this point);
THENCE South 89°06'12" West, along said existing north right-of-way line, for a distance of
106.12 feet to a point for corner, being in said existing east �ight-of-way line of Bonnie Brae
Street;
THENCE North 00°36'31" 'West, leaving said existing north right-of-way line and following
along said e�sting east right-of-way line, for a distance of 285.54 feet to a point for corner;
THENCE North 89°22'09" East, continuing along said existing east right-of-way line, for a
distance of 38.54 feet to the POINT OF BEGINNING and CONTAIlVING 25,462 sqnare feet or
0.58 acras of land, more or less, of which 10,643 square feet of land is being used as roadway use
and drainage at this time.