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2012-338s:llegallour documentslordinances1121martin condemnation ordinance-fival.doc ORDINANCE NO. 2� 12-3 3 g AN ORDINANCE F1NDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN (I) A UTILITY AND SLOPE EASEMENT ENCUMBERING 0.05 ACRE OF REAL PROPERTY; AND (II) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT ENCUMBERING 0.08 ACRE OF REAL PROPERTY, FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A MUNICIPAL STREET AND ROADWAY LOCATED IN THE CITY OF DENTON, TEXAS, GENERALLY LOCATED 1N THE 1700 BLOCK OF SOUTH BONNIE BRAE STREET, AND SITUATED 1N THE O.S. BREWSTER SURVEY, ABSTRACT NUMBER 56, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED 1N EXHIBIT "A" AND EXHIBIT "B", RESPECTIVELY, EACH ATTACHED HERETO AND MADE A PART HEREOF (COLLECTIVELY, THE "PROPERTY INTERESTS"); AUTHORIZING THE FILING AND PROSECUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTERESTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; MAKING FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas (the "City") has initiated the widening and expansion of Bonnie Brae Street affecting, among other lands and interests, the Property Interests; WHEREAS, the widening and expansion of Bonnie Brae Street constitutes a valid public use of the City and its citizens; WHEREAS, the City made a written Initial Offer (herein so called) to Bettye L. Martin, the owner of the Property Interests ("Owner") on Maxch 13, 2012; WHEREAS, the City provided to the Owner of the Property Interests at the time of presenting the Initial Offer, by certified mail, return receipt requested, all appraisal reports produced or acquired by the City relating specifically to the Owner's property prepared in the ten (10) yeaxs preceding the date of the Initial Offer; WHEREAS, the Initial Offer made by the City to the Owner of the Property Interests did not include a confidentiality provision and further informed the Owner of the Property Interests that such Owner had the right to (i) discuss any offer or agreement regarding the City's acquisition of the Property Interests with others; or (ii) keep the offer or agreement confidential, unless the offer or agreement would be subject to Chapter 552 of the Texas Goverrunent Code (the "Non Confidential Notice"); WHEREAS, the City made a written Final Offer (herein so called) to the Owner of the Property Interests on August 29, 2012, said date being after the thirtieth (30tt') day after the date on which the City made the Initial Offer to the Owner of the Property Interests; WHEREAS, along with such Final Offer, the Owner of the Property Interests was provided a written appraisal from a certified appraiser of the value of the Property Interests and the damages, if any, to any of the Owner's remaining property; WHEREAS, the Final Offer made to the Owner of the Property Interests was equal to or greater than the amount of the written appraisal obtained by the City; WHEREAS, the Fina copy of the written appraisal; construction, grading and ac Property Interests sought to statement prescribed by Se� Confidential Notice; Offer made to the Owner of the Property Interests included (i) a (ii) copies of the (a) utility and slope easement; and (b) temporary ,ess easement, all being the instruments proposed to convey the be acquired by the City; (iii) the Landowner's Bill of Rights tion 21.0112 of the Texas Property Code; and (iv) the Non WHEREAS, the City provided the Owner of the Property Interests at least fourteen (14) days to respond to the Final Offer and the Owner of the Property Interests did not agree to the terms of the Final Offer within that period; WHEREAS, the notice for the public meeting of the City Council of the City in which this Ordinance is considered, as required by Subchapter C, Chapter 551, of the Texas Government Code, in addition to other information as required by that subchapter, expressly included the consideration by the City of Denton of the use of eminent domain to condemn the Property Interests; WHEREAS, in ordaining the matters set forth herein, the motion to pass and approve this ordinance was stated as "I move that the City of Denton, Texas authorize the use of the power of eminent domain to acquire (1) a utility and slope easement encumbering 0.05 acre of real property; and (2) a temporary construction, grading and access easement encumbering 0.08 acre of real property; generally located in the 1700 block of South Bonnie Brae Street, located in the O.S. Brewster Survey, Abstract 56, and being more particularly described in Exhibit "A" and Exhibit "B", respectively, to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the public use of Bonnie Brae Street improvements and expansion, a street or roadway in the City of Denton, Texas"; and WHEREAS, after due consideration of the public interests to be furthered by the public use of municipal street and roadway improvements and expansion related to Bonnie Brae Street; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Council finds that a public use and necessity exists to widen and improve Bonnie �Brae Street to serve the citizens of the City of Denton, Texas, and that the public welfare and convenience requires the acquisition of the Property Interests, and the City of Denton, Texas does hereby exercise its home-rule and statutory authority to acquire by eminent domain, (1) a utility and slope easement encumbering 0.05 acre of real property, as described in Exhibit "A", attached hereto and made a part hereof by reference; and (2) a temporary � construction, grading and access easement, encumbering 0.08 acre of real property, as described in Exhibit "B", attached hereto and made a part hereof by reference. The Council hereby further finds and determines that the acquisition of the Property Interests is for a public use, to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The Council hereby authorizes and directs the filing and prosecution of eminent domain proceedings by the City of Denton, Texas to acquire the Property Interests. SECTION 3. The City Council hereby finds that the Owner was the record title owner of said Property Interests at the time of making the Initial Offer and Final Offer. Without limiting the general authorization provided in Section 2, above, the City Council further authorizes joinder of additional or differing owner or owners, or claimant or claimants, of the Property Interests, if applicable, in the eminent domain proceedings, and to condemn the interests of each such parties to acquire the Property Interests. SECTION 4. The City Manager, or his designee, shall have the authority to do all things necessary or appropriate to acquire the Property Interests by eminent domain, including without limitation, the authority to expend funds related to the prosecution of such eminent domain proceedings. SECTION 5. The recitals provided in this Ordinance, as set forth above, are specifically and expressly adopted by the Council as express findings by the Council. 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. approval. PASSED AND APPROVED this the h�� day of This ordinance shall become effective immediately upon its passage and � JGHS, ATTEST: JENNIFER WALTERS, CITY SECRETARY � Ii l� � �d . . .� . 2012. �� . e�( �►�.�,�-I�� YOR � � n �a�� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: PAGE 1 OF 2 fA 1 O�+ D� d � � V � � "PROPERTY INTERESTS" � + 1�`f 1 i� � i I I� � � 5 LOT !R-!. BLOCK A I � `•ti LI�RTY CHRiSTTAN � �I SCHODL AOOITION , � i CAB. R, PG. !81 � �I � i P.A.O_C.T. ` If i ; , I' ' iC��ir � II � FND i/2' ' � �� i i � � L_.._ J � 1 i ' 16]6 S. BONNIE� 6RA� — •� S00'20 � 37" TNACT !! ti, � 88. 98 � UNIVEHSITY OF N6RTH TE%AS � � INST.NO. 06-l05600 1 h.q.�.C.T. ; tip�IN� ( S89'25'59"E � �� .� �� ' 1772 S. BONNIE BRAE TRACT 12 — - BETTYE L. MARTIN INST. ND. 2009-75]94 i o.R.o.c.r. � N00'34'08"W `� � i00,74' �+ �`- ��,� SB810200��w - tJ�,� f7l4 5. BONNIE BRAE TAACT !3 14 6ETTYE L. {IARTIN IFIST. N0. 2009-7519A O.R.O.C,T. !B!4 S. BONNIE BRAE LU7 2, BLOCK A JOE ABBEY � � ,� � � ' � ' � ' �i � � � � � � ; . , � , �, , � I' � i � r i � I� r i 1� 1 1 � i � � l892 S. BONNIE BRAE � LDT 9. B�OCK A � � JDE A86EY ^- — � i � � i ION A � i i i � 811 �' . � � � � h g � N F 1 ' — 1 i � — — � i i fBi6 S. 60NNIE BRAE � ' L07 3, BLOCK A ; JOE ABBEY i 6. � � �� 1 i � i i � � � ti �x �o (� � �1N 3 o "' �� °aov OG a "EXffiBIT A" - Page 1 of 4 � � ��i� �� j� B�� 500 '34' 08"E i00.42' UNIYEHSITY OF NOFiTH TEXA3 YOL.2B4, P6.50 D.R.D.C.T. /1 I+! �� I �� 1� ,, � � \\ ti • � � BA5I5 OF BEARING I5 NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NDRTH CENTRAL. P7-USE-1 BEING A 1,UUfi SQ.FT. 0.02 ACRE UTILiTY & SLO E EASEMENT SITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT N0. 56 n DENTON COUNTY, TEXAS ^ Groham Associates Inc. �r CONSULi1N0 ENO�NEERS # PLI�NNERS soo s�x n�►os wnu� sui� eoo A�tlNoioN. 7ExAS 7emt el' e�o-se�6 � �o F—�tw/reP�s tms3s—oo GRAPHIC SCALE ]'�SOD' 0 50 100 150 DATE: AUGi1ST 2011 J/penton/P7-USE-i Page 2 of 2 "PROPERTY INTERESTS" "EXHIBIT A" - Page 2 of 4 PARCEL 7-USE-1 LEGAL DESCRIPTION UTILITY & SLOPE EASEMENT BEING a 0.02 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, being a portion of Txact 12 as conveyed to Bettye L. Martin as recorded in Instrument No. 2009-75194, Deed Records, Denton County, Texas, and being more particularly described by metes a�nd bounds as follows: COMMENCING at a found 112 inch iron rod, said point being the northeast cornex of a tract conveyed to University of North Texas, as recorded in Instrument No. OS-105600, DEeds Reeords, Denton County, Texas, and being in the existing west �right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); T�IENCE South 00°20'37" West, along said existing west right-of-way line, a distance of 88.98 feet to a point for the POINT OF BEGINNTNG, said point being the southeast corner of said University of North Texas tract at�d the northeast corner of said Tract 12; THENCE South 00°34'08" East, along said existing west right-of way line, a distance of 100.42 feet to a point for corner, said point being the northeast corner of Tracts 13,14 as conveyed to Bettye L. Martin as recorded in Insirument No. 2009-75194, Deed Records, Denton County, Texas, being a common line; THENCE South 88°42'40" West, leaving said existing west right-of-way line and along said common line, a distance of 10.00 feet to'a point for corner; THENCE North 00°34'08" West, leaving said common line, a distance of 100.74 feet to a point for corner, said point being in the north line of said Tract 12, and the south line of said University of North Texas tract, being a common line; THENCE Sauth 89°25'S9" East, along said common line, a distance of 10.00 feet to the POINT OF BEGINNING and CONTAINING 1,006 square feet, 0.02 acres of 1and, more or less. � ��''�R✓� i�{V PAGE 1 OF 2 G �ii! � �� O R �� •A �� i� r 6+�� 1714 5. BOIJNIE BRAE TRACT 13, f4 BETTYE L. MARTIN TNST. N0. 2009-75194 D.R.D.C.T. !8!4 S. BDNNIE BRAE LOT 2. BLOCK A JDE ABBEY "PROPERTY INTERESTS" "EXHIBIT A" - Pa�e 3 of 4 � � + ' 1 � 1 �� , � i ' � I� �`, ; L�7 iR-!, 9LOCK A I I t�? LIBERTY CHHZSTIAN j �i � 1 SCHOOL AO�ITION � � CAB. R, PG. iBi ! � � i � P.R.O.C.T. f II � � i � �� I � , � i II ;' ; I I I `� ' : � � �_...r� ... � i� �� lB76 S. BDNNIE BRAE � TRACT !f � � ` UNIVERSITY OF NDRTH TE%AS iNST.NU. 05-105600 � o � D.R.D.C.T. � I ¢ i � � 7712 5, BONNIE BRAE ^ �J) TRACT f2 BETTYE L. MAHTIN � ,� INST. N0. 2008-751B4� 1 D,R.D.C.T, �I NBB '42' 40"� -� i0. 00' � i� �' 3 r �of' O�� "mr o�'� 0 � _ � see•13�sa°w ; l0.00' __ � --�_, -- � �, lBf2 5. BOMJIE BRAE ' LO �OE A 6�EY A �� , 4 OCK A �B! 1 � � � y e � �— � � � � � � � i lBf6 S. BONMIE BRAE ' L�T 9 BLOCK A � J0� ABBEY i __ j l S � l i �� ., � i �' � 7 � � il i .� � i ; � � � i � i �_ a ¢ �x �� x �� 4 p N Q �� w � a POINT F BEG G aNO �/a• i.a rr i /% � �' �� ` \� \\ \� +a� t�`�� 4 UNTVERSTTY OF NOR7H 7E%AS YOL.284, PG.5U D.H.D.C.T. � i BASIS DF' BEARING IS NORTH AMERICAN UA7UM DF 1983 (NAD-83) STATE PLANE COORDTNATE 5YSTEM, TEXAS NORTH CEN7RAL. , P8-USE-1 BEING A 1,184 SQ.FT./0.03 ACRE UTILITY & SLOPE EASEMENT SITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT NU. 56 DENTON COUNTY, TEXAS � Graham Associates Inc. CONSULTING ENGINEERS Ac PU�NNERS eao ax Fuos oa�v� sw� eoo �nunoiow toUS rem� m e�o-s� ta� �: F t�ot/�e�s . tm�e-oo n GRAPHIC 9CALE !'�l00' 0 50 �oo iso DATE: AUGUST 2011 J/Denton/P8-USE-i Page 2 of 2 "PROPERTY INTERESTS" "EXHISIT A" - Page 4 of 4 PARCEL 8-USE-1 LEGAL DESCRTPTION UTILITY 8c SLOPE EASEMENT BEING a O.Q3 acre hact of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, beiung a portion of Tracts 13, 14 as conveyed to Bettye L. Martin as recorded in Instrument No. 2009-75194, Deed Records, Denton Connty, Texas, and being more particutarly described by metes and bounds as follows: BEGINNING at a found 1/2 inch iron rod, said point being the southeast corner of said Tracts i3, 14, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.); THENCE South 88°13'54" West, along said existing west right-of-way line, a distance of 1 �.00 feet to a point for corner, said point being the in the south line of said Tracts 13, 14, and being the northeast cornex of Lot 1, Block A, as recorded in Cabinet W, Page 811, Plat Records, Denton CounTy, Texas, being a common line; THENCE North 00°52'06" West, leaving said existing west right-of way line, a distance of 118.40 feet to a point for corner, said point being in the north line of said Tracts 13, 14, and being in the south line of Tract 12, as conveyed to Bettye L. Martin as recorded in Instrument No. 2009-75194, Deed Records, Denton County, Texas, being a common line; . THENCE North 88°42'40" East, along said common line, a distance of 10.00 feet to a pvint for corner, said point being in the existing west right-of-way line of said Bonnie Brae Street; � THENCE South 00°52'06" East, along said existing west right-of-way line, a distance of 118.31 feet to the POINT OF BEGTNNING and CONTAINING 1,184 square feet, 0.03 acres of land, naore or less. . �1t�tf�Z/�� PAGE ! OF 3 � �� R � i � � "PROPERTY INTERESTS" � � 1 � LOT !R-f, BLOCK A I LIBEHTY CHRISTIAN + SCHOOL ADDITION ' CA6, R. PG. f8! P.R.U.C.T. ' I � 1 �..,....... NBB'� POIIVT OF BEGINNING 17�2 5. BONNIE BRAE BETTYEALT MARTIN C4 INST. N0. 2009-75l94 C 3• D.R.D.C.T. C2 �43� �� 3ge� � !7!4 S. BONNIE BRAE 7AACT f3 f4 BEttYE L, �IAHTIN IN6T. N0. 2009-75594 � D.A.D.C.T. f814 5. 90NNIE BRAE �or z, e�ocK a JDE ABBEY C� � � i! � ' � I� � � � i` ti I� ; i �i i � II •. � POINT � � �COI�;N I! � FNO a/z• i � , � , �_ -- -t � � ; _xas � �� ; mm, � DO9•N� :�� 1 - o. , _ ; � � 1 � J, � � � ' � ' � ; J� i I � � , � ' e ! � . i � � � ` �� ; �� i I ' ' ^ I i � i { ' �°a � � � ' I � W� i ' � � � �' o s i �I� I 0 J � � �� _� .��I � �°� w `� � �J ti (qN � �V � � a � � 18f2 5. BONNIE BRAE � � LDT 1. BLOCK A � � JOE ABBEY — ' : ' � 9LOCK A � i i fTION � ' ' i Bii � : .T. �u '` = � ti �� i .� �_ . � i _ � i �BLDT �$ BLOLYC AaE � JOE A69EY i L i � i i � � EXHIBIT "B" - Page 1 of 5 t��'Y , �.�,�,• r ��y� UNTVEHSITY OF NORTH TEXAS VOL,EB4, PG.50 O.R.D.C.T. !/ !� /� �� ti, 1� \\ \ � �� . � GRAPNIC SCALE !'�f00' 0 5D 100 150 �B �3.8�� SaB•2�•59�� P7—TCE-1 BEING A BASIS OF B�ARING IS NORTH AMERICAN DATUM 2�465 SQ.FT./O.Ofi ACRE oF sse3 �Nao-es� STATE PLANE COORDINATE TEMPORARY CONSTRUCTION EASEMENT SYS7EM, TEXAS NORTH CENTRAL. SITUATED IN THE O.S. BRE�STER SURVEY, Groham Associates Inc. ABSTRACT N0. 56 CON5ULTIHG EHGINEERS � P11�NNERS DENTON COUNTY, TEXAS eoo stx �uos anve. sui� eoo ��' ��s� �� DA7E: AUGUST 2011 �ere Flina r na� tma�e-oo J/Gentan/P7-TGE-i Page 2 of 3 "PROPERTY INTERESTS" EXHIBIT "B" - Page 2 of 5 PARCEL 7-TCE-1 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 0.06 acre tract of land situated in the O.S. Brewster Survey, Absfiract No. 56, Denton County, Texas, being a portion of Tract 12 as conveyed to Bettye L. Martin as recorded in Tnstruxnent No. 2009-75194, Deed Records, Denton County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, said point bein.g the northeast corner of a iract conveyed to University of North Texas, as xecorded in Instrument No. OS-105600, Deeds Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae S�reet (having a variable width R.O.W.); � THENCE South 00°20'37" West, along said existing west right-of-way line, a distance of 88.98 feet to a point, said point being the southeast corner of said University of North Texas tract and the northeast corner of said Tract 12, being a common line; THENCE North 89°25'S9" West, leaving said existing west right-of-way line and along said common line, a distance of 10.00 feet to a point for the POINT OF BEGINNING; THENCE South 00°34'08" East, leavin�g said common line, a distance of 98.58 feet to a point for corner, for the beginning of a non-tangent curve to the right having a radius of 45.00 feet and a central angle of 41 °57'06", and a long chord which bears North 62°58'28" West, 32.22 feet; TI�ENCE along said non-tangent curve to the right an arc distance of 32.95 feet to a point for corner; THENCE South 89°32'S7" West, a distance of 10.07 feet to a point for corner; THENCE North 00°27'03" West, a distance of 25.9'1 feet to a point for corner; THENCE North 89°57'13" East, a distance of 6.78 feet to a point�for corner, for the beginning of a non-tangent curve to the right havi.ng� a radius of 55.00 feet azxd a central angle of 26°53'25" and a long chord which beaxs North 39°00'23" East, 25.58 feet; THENCE along said non-tangent curve to the right an arc distance of 25.81 feet to a point for corner, for the beginning of a reverse curve to the le#t having a radius of 25.00 feet, a central angle of 20°21'53", and a long chord which beaxs North 42° l.6'09" East, 8.84 feet; THENCE along saad reverse curve to the left an a�rc distance of 8.89 feet to a point for corner; "PROPERTY INTER�STS" EXHIBIT "B" - Page 3 of 5 Page 3 of 3 THENCE North 32°OS'12" East, a distance of 7.64 feet ta a point for corner, for the beginning of a non-tangent curve to the left having a radius of 20.00 feet and a central a�ngle of 5°58'16" and a long chord which bears North 21°14'40" East, 2.08 feet; THENCE along said non-tangent curve to tl�e left an airc distance of 2.08 feat to a point for corner; � THENCE South 89°44'08" West, a distance of 19.36 feet to a point for corner; THENCE North 00°22'02" West, a distance of 23.53 feet to a point for corner, said point being in the north line of said Tract 12, and the south line of said Uzuversity of North Texas tract, being a common line; THENCE South 89°25'59" East, a distance of 23.87 feet to the POINT OF BEGINNING and CONTAINING 2,465 square feet, O.Q6 acres of land, more or less. PAGE 1 OF 2 �� 1 O �� O 4C � � � � � Q�� ,. 1714 S, BONNIE BRAE TRACT 13, 14• BETTYE L. MAFi7IN IN57. N0. 2009-75194 O.H.O,C.T. "PROPERTY INTERESTS" � i , � �� y �! � � I I� � � LDT !R-1, BLOCK A I I l ti LIBERTY CHRISTIAN � �i � ti SCHDOL ADUI7IpN � , � CAB. R, p6. !B! � I. � � P.R,�.C.T. � II � � I 1 I II � 1 ' II ; 1 ' II ; 1 1 _�� .� 1 i � � _ � � � 1676 S. BONNIE BRAE ' UMIYER5ITY OFTNORiH TEI(AS I �� TNST,ND. Ob-l05600 � � o � U.R.D.C.T. � ¢ � � � � ' H � � �� .,y i 1732 5. BOMNIE BAAE /� m' i � . ur .�, � BETTVEALr HARTIN � � � INST. N0. 2009-75184� �� D.R.D.C.T. II V � ; _ `� �` ".ti y , ,, .,, , i ; , ,� � , , i � � ' i ' � N88'44'57"E � � ; 32.00' � ' � � � � � � �o ¢ P4 � �� OW W S �� Z � N00'52'06"W _ 28.OU' _ \ � C0� , S88'44'57"W � ' ��•�� ' �8'13'54 POINT OF — -' "` � so. oo � HEGINNING_ _ I }� � � � IBf2 6. BoNNYE BRAE � LOT 1, BLOCK A � ' ; JOE ABBEY � � i LOT5 f- 3, 6LDCK A ABBEY UOITION ti � CAB. N, P6, B!! � � .ti P.R. .C.T. N i 1 � � t 1Bf4 5. BONNIE BRAE ' ' LOT 2 BLDCK A - ; � JD� ABBEY — r i i � � � � f9l6 5. 90MNIE Bf1AE u ` � L07 9, BLOCK A ' ' JOE ABBEY i i i � i � l i ti` 1 l l i i ^i .i � OF EXHIBIT "B" - �� L�{r ��V�. � �• {�+l�ix' UNIVER5ITY OF NUR7H 7E%AS VOL.2B4, PG.5D D.R.O.C.7. '52'06"E ze.oa� �r � ��r �� 1 �� \\ \• 4of5 I BASIS OF BEARING I5 NORTH AMERICAN �ATUM OF 1963 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTN CENTRAL, P8—TCE-1 BEING A B96 SQ.FT./0.02 ACRE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE O.S. BREWSTER SURVEY, ABSTRACT N0. 56 DENTUN COUNTY, TEXAS ^ Graham Associates Inc. �r CONSUL7INC ENCINEERS � PIJ�NNERS 000 SIK FL.A05 WtlVE, SUIlE eoo ARLINOION, 7E%AS � (M_» 010-D636 7BP6 FN1M: F-11Y1 FlMI 10f03l-00 m n 6RAPHIC SCALE f'�f00' 0 5D I00 �50 DA7E: AUGUST 2011 J/Oenton/PB-TCE-i i Page 2 of 2 "PROPERTY INTERESTS" EXHIBIT "B" - Page 5 of 5 PARCEL 8-TCE-1 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING a 0.02 acre tract of land situa.ted in the O.S. Brewster Survey, Abstract No. 56, Denton County, Texas, beiu�g a portaon of Tracts 13, 14 as conveyed�to Bettye L. Martin as recorded in Inshurnent No. 2009-75194, Deed Records, Denton County, Texas; and being more particularly described by metes and bownds as follows: COMMENCIl�G at a found 1/2 inch iron rod, said point being the southeasi corner of said Tracts 13, 14, and being in ihe existing west right-of way line of Bonnie Brae Sheet (having a variable width R.O.W.}; THENCE South 88°13'S4" West, along said existing west right-of-way line, a distance of 10.00 feet to a point for the POINT OF BEGINNING, said point bein�g in the south line of said Tracts 13, 14, and being the northeast corner of Lot 1, Block A, as recorded in Cabinet W, Page 811, Plat Recoxds, Denton County, Texas, being a common line; THENCE South 88°44'S7" West, leaving said existing west right-of-way line and along said common line, a distance of 32.00 feet to a point fox corner; 'I'HENCE North 00°52'06" West, leaving said common line, a distance of 28.00 feet to a point :for corner; THENCE North 88°�44'S7" East, a distanca of 32.00 feet to a point for corner; THENCE South 00°52'06" East, a distance of 28.00 feet to the POTNT OF BEGINNING and CONTAINING 896 square feet, 0.02 acres of land, more or less. 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