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2012-339
S:1Legal\Our Documents\Ordinances1121Parkes Condemnation Ord clean version.doc ORDINANCE NO. 2012-339 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN (I) FEE SIMPLE TITLE TO THE SURFACE ESTATE, WITH WAIVER OF SURFACE USE RELATED TO THE MINERAL ESTATE, OF AN APPROXIMATE 7.36 ACRE TRACT OF REAL PROPERTY; (II) A SLOPE EASEMENT ENCUMBERING 0.33 ACRE OF REAL PROPERTY; (III) A DRAINAGE EASEMENT ENCUMBERING 1.35 ACRES OF REAL PROPERTY; AND (IV) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT ENCUMBERING 0.03 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 IN THE 3100 BLOCK OF SOUTH BONNIE BRAE STREET, AND SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT NUMBER 400, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", EXHIBIT "B", EXHIBIT "C" AND EXHIBIT "D", 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 Jack Arlyn Parkes and wife, Betty Parkes, the owners of the Property Interests (collectively, "Owner") on May 18, 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) years 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 Government Code (the "Non Confidential Notice"); I i i 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 (301h) 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 Final Offer made to the Owner of the Property Interests included (i) a copy of the written appraisal; (ii) copies of the (a) special warranty deed; (b) slope easement; (c) drainage easement; and (d) a temporary construction, grading and access easement, all being the instruments proposed to convey the Property Interests sought to be acquired by the City; (iii) the Landowner's Bill of Rights statement prescribed by Section 21.0112 of the Texas Property Code; and (iv) the Non Confidential Notice; 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) fee simple to the surface estate, with waiver of surface use related to the mineral estate, of 7.36 acres of real property; (2) a slope easement encumbering 0.33 acre of real property; (3) a drainage easement encumbering 1.35 acres of real property; and (4) a temporary construction, grading and access easement encumbering 0.03 acre of real property; generally located in the 3100 block of South Bonnie Brae Street, located in the James Edmonson Survey, Abstract 400, and being more particularly described in Exhibit "A", Exhibit "B", Exhibit "C", and Exhibit "D", 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: I 2 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) fee simple to the surface estate, with waiver of surface use related to the mineral estate, of 7.36 acres of real property, as described on Exhibit "A", attached hereto and made a part hereof by reference; (2) a slope easement encumbering 0.33 acre of real property, as described in Exhibit "B", attached hereto and made a part hereof by reference; (3) a drainage easement encumbering 1.35 acres of real property, as described in Exhibit "C", attached hereto and made a part hereof by reference; and (4) a temporary construction, grading and access easement, encumbering 0.03 acre of real property, as described in Exhibit "D", 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 are the record title owners of said Property Interests. 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. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2~aln, , 2012. 3 i MA'OK A. BURROUGHS, AYOR~~ ATTEST: JENNIFER WALTERS, CITY SECRETARY By: C ' e~zd APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: 4 FEE SIMPLE "PROPERTY INTERESTS" EXHIBIT "A" - Page I of 5 I PAGE i OF 5 rn ro 2y Q 3. m O 1u4CO 1- q; k> °ci cbx THE CHAMBERLAIN TRUST atinioQ. VOL. 4522, PG. 1336 ymwoa O.R.O.C.T. ci1W ~o to 3p icQ nT° POINT OF pEGINNING SET 1/2' I.R. EXISTING ROW gdr WIGAI CAP ROSELAWN DRIVE FND WOODEN PosT SB9'29'40"E 204;70'"'- VARIABLE WIDTH R.O.W.: 'S13 2-5'48"E 462.10' N07'04'48"E SET 1/21' I. 16.83' N90 *0000 VF',915, 5!' /GAI CAP POINT OF 1 COMMENCING SET 1/2" I.R. i 1 FND 1/2" I. R W/ 1130 CAP N45 •00' 00 "W 1 28.26' 11 1 c1 SAVE & EXCEPT 11°1 JACK AFLYN PARKES °1 13 VOL. 4073, PG. 1207 A 1C3. D.R.D.C.T. Ia-dNI bb1 PROPOSED ROW H w ~4 F 1 1, z ~ o H :1 N I 11 ~ 1 Z fU oN F 1 LL 117 ° 11 1 F- a 1 .i; ~ ~ eT 1 ° a ci w 1 1 - r---~ 11. 1 m 70 y 1 J { CROSSTEX-ESMT 114 " VOL.5292, PG. i31B O ~l { Z> JACK ARLYN PARKES O °b { { w VOL. 4073, PG. 1207 °z 14 { (D D.R,D.C.T. a ) { o NOTE: SET 112" T.R. W/ GAI CAP TO { { o BE SET AT END OF CONSTRUCTION. { { (n NOTE: { { APPROX. 2.91 AC. LIES WITHIN FLOODPLAIN { { 1. A PORTION OF THIS DEDICATION LIES WITHIN A FEDERAL SEE SHEET 2 EMERGENCY MANAGEMENT AGENCY DESIGNATED FLOOD PLAIN OR FLOOD PRONE AREA AS DESIGNATED ON THE FLOOD INSURANCE BASIS OF BEARING IS NORTH AMERICAN DATUM RATE MAP FOR DENTON COUNTY COMMUNITY PANEL 48121CO3700, OF 1983 (NAD-83) STATE PLANE COORDINATE EFFECTIVE DATE APRIL 18,2011. SYSTEM, TEXAS NORTH CENTRAL, PARCEL 35-ROW-1 BEING 320,390 SQ.FT./7.36 ACRE SITUATED IN THE JAMES EDMONSON SURVEY, rnll ABSTRACT NO. 4003 DENTON COUNTY, TEXAS GRAPHIC SCALE 1'-100' Graham Asscciates,lnc. ■ CONSULTING ENGINEERS do PLANNERS 0 50 ioo i5o a00 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 75011 917 640-8538 TAPE FIRM: F-1191/THPLS FIRMi 101535-00 DATE: FEBRUARY 2012 J/Denton/P35-ROW-1 i FEE SIMPLE "PROPERTY INTERESTS" EXHIBIT "A" - Page 2 of 5 PAGE 2 OF 5 SEE SHEET I PROPOSED ROW I I' `.I Z o 'l I H z (I1 H 0 3I',•` I I' zm o'.\ I I LL LL3 rL o p:j I I In SAVE 6 EXCEPT Z 0 JACK ARLVN PARKES I I o VOL. 4073, PG. 1207 J O. R. O. C. T. SET 1/2" I,R. U0 W/GAI CAP bD I I', I a w~ I , I 0 m to A= 12'56' 18" '`I. I i• R=852.50' I I T=96.67' I l L=192.51' io Ch-N06 *28 * 09"E Lc=192.10' JACK ARLYN PARKES \ VOL. 4073, PG. 1207 SET 1/2° I R. D . R . O . C . T . W/GAI CAP IXa~UI NOTE: SET 112" I.R. W/ GAI CAP TO .IL61 BE SET AT END OF CONSTRUCTION. (oi~ol .IUD I NOTE: APPROX. 2.91 AC. LIES WITHIN FLOODPLAIN SEE SHEET 3 I 1, A PORTION OF THIS DEDICATION LIES WITHIN A FEDERAL BASIS OF BEARING IS NORTH AMERICAN DATUM EMERGENCY MANAGEMENT AGENCY DESIGNATED FLOOD PLAIN OR OF 1983 (NAD-83) STATE PLANE COORDINATE FLOOD PRONE AREA AS DESIGNATED ON THE FLOOD INSURANCE SYSTEM, TEXAS NORTH CENTRAL. RATE MAP FOR DENTON COUNTY COMMUNITY PANEL 4Bi21C0370G, EFFECTIVE DATE APRIL 18,2011. PARCEL 35-ROW--1 BEING 320,390 SQ.FT./7.36 ACRE SITUATED IN THE JAMES EDMONSON SURVEY, nn ABSTRACT NO. 400, DENTON COUNTY, TEXAS GRAPHIC SCALE 1'=l00' ■ Graham Associates,Inc. 0 so 100 15G CONSULTING ENGINEERS PLANNERS 900 SIX FLAGS DRIVE, SUITE 600 ARLINGTON, TEXAS 79011 (917) 940-8685 TBPE FIRM: F-1191/110PLS FIRM: 101539-00 DATE: FEBRUARY 2012 I J/Denton/P35-ROW-i FEE SIMPLE "PROPERTY INTERESTS" EXHIBIT "A" - Page 3 of 5 PAGE 3 OF 5 SEE SHEET 2 o60no '~<q9 ~ I I I ' I I PROPOSED ROW I I / z I I ~ H 1 Z I I I I °z ! I I ° N LL JACK ARLYN PARKES VOL. 4073, PG. 1207 ! Ism I W °aci ; . D.R.D.C.T. uj(D Q IWNQI v mV . H a1~ I' I& J I o z t I I o 111 I I v I co rn I I z ;n I I ° NICKOPy r I I Pppppll• uw 352 17 SEW/1/2 CAPR. SET 1/2" I.R. Sao • 1Q' 16 W/GAI CAP MARVIN HENDERSON ESTATE TRUST / DOC. NO. 96-R0055800 D.R,D.C.T, NOTE: SET 1/2" I.R. W/ GAI CAP TO BE SET AT END OF CONSTRUCTION. NOTE: APPROX. 2.91 AC. LIES WITHIN FLOODPLAIN i. A PORTION OF THIS DEDICATION LIES WITHIN A FEDERAL EMERGENCY MANAGEMENT AGENCY DESIGNATED FLOOD PLAIN OR BASIS OF BEARING IS NORTH AMERICAN DATUM FLOOD PRONE AREA AS DESIGNATED ON THE FLOOD INSURANCE OF 1983 (NAD-83) STATE PLANE COORDINATE RATE MAP FOR DENTON COUNTY COMMUNITY PANEL 48121CO370G, SYSTEM, TEXAS NORTH CENTRAL. EFFECTIVE DATE APRIL 1B,20i1, PARCEL 35-ROW-1 BEING 320,390 SQ.FT./7.36 ACRE SITUATED IN THE JAMES EDMONSON SURVEY, n ABSTRACT NO. 4009 GRAPHIC SCALE 1"-1001 Graham Associates,lnc, DENTON COUNTY, TEXAS CONSULTING ENGINEERS & PLANNERS 0 50 100 150 800 SIX FLAGS DRIVE, SUITE 500 TEXAS 76011 (817) 840-BB35 TOPE FIRM. F-119I/THPLS FIRM: IMS-00 DATE; FEBRUARY 2012 J/Denton/P35-ROW-i I FEE SIMPLE "PROPERTY INTERESTS" EXHIBIT "A" - Page 4 of 5 Page 4of5 i I i PARCEL 35-ROW-1 LEGAL DESCRIPTION Being a 7.36 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows; COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes as recorded in Volume 5022, Page 3438, age 8, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48° East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a set 1/2 inch iron rod with GAI cap for the POINT OF BEGINNING, said point being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 89°29'48" East, continuing along existing said south right-of-way line, a distance of 462.10 feet to a found wooden post for corner, said point being the northwest corner of a tract conveyed to Longhorn Council Boy Scout Foundation, Inc, as recorded in Volume 450, Page 526, Deeds Records, Denton County, Texas, being a common line; THENCE South 00°54'17" East, leaving existing said south right-of-way line and along said common line, a distance of 1661.12 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being the southeast corner of said Jack Arlyn Parkes tract and being in the north line of a tract conveyed to Marvin Henderson Estate Trust, as recorded in Instrument. No. 96- R0055800, Deeds Records, Denton County, Texas; THENCE South 80°10'16" West, along said north line, a distance of 352.17 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed west right-of-way line of said Bonnie Brae Street; THENCE North 12°56'18" East, leaving said north line, and along said proposed west right-of- way line, a distance of 761.45 feet to a set 1/2 inch iron rod with GAI cap for corner, for the beginning of a tangent curve to the left having a radius of 852,50 feet, a central angle of 12°56'18", and a long chord which bears North 06°28'09" East, 192.10 feet; THENCE continuing along said proposed west right-of-way line, and along said tangent curve to the left, an arc distance of 192.51 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE North 00°00'00" West, continuing along said proposed west right-of-way line, a distance of 755.40 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being the most southerly point of a corner-clip; i I I i I FEE SIMPLE "PROPERTY INTERESTS" EXHIBIT "A" - Page 5 of 5 Page 5 of 5 THENCE North 45°00'00" West, leaving said proposed west right-of-way line, and along said corner-clip, a distance of 28.28 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O. W.); THENCE North 90°00'00" West, along said proposed south right-of-way line, a distance of 315.51 feet to a set 1/2 inch iron rod with GAI cap for corner, said point being in the east line of the save and except Tract 1 of Jack Arlyn Parkes tract; THENCE North 07°04'48" East, continuing along proposed south right-of-way line and along said east line, a distance of 16.83 feet to the POINT OF BEGINNING and CONTAINING 320,390 square feet, 7.36 acres of land, more or less. or G'7 Q.. ' Cdr "f~ PMRSON 5999 Y 03-Iy-z.orz I i I, i "PROPERTY INTERESTS" EXHIBIT "B" - Page 1 of 8 PAGE 1 OF 4 co co g O W T ym Qir yC ` a ¢LL1 tiQt!i - O. THE CHAMBERLAIN TRUST 0 ' • VOL. 4622. PG. 1336 D.R.O.C.T. 7 ~ h0 3, ii p W, r/r------------------rjr rjr rjr---------------- r. R05ELAlPN -DRIVL-----------------r - - - i11_(YARIABLE _ IDTH_R,.D~W 1----------------- , 589'29'48:'E 2d~iY0' - i S07'04'48'W y } 16.83' 'N90(00'00"E13115.51, 1 } POINT OF I 54510010011E 1 2s. 2s' } 1 G II 11 } } CO IJ 1/2"INI.R 1 ti tot SAVTRACTXiEPT }190} VOL, 4073, PG. 1207 (A I of }dN x} D.R.D.C.T. I I m }~~NI cv ICI W } W~1 H I C I o ~ y j a j to 11 y o IN o }I Ih}I Z / I ul } 1 IO o 1 LL 1 ~~r /I a / I I 1 1 L)0.U / 1 1 1 } u, O a'~ _ -L I I I 11 } o 2 I 1 I } m Q I I- -I IVOLR5292EXPGEMT 51318 POINT OF 1 U -O J I I BEGINNING I Z I i.__ I -D_R D.C.L---- - z I__wJ I I N90'00'00"E - i U I I 10.00' -I.. - z ~ I I = ~ I I r~~ ~ ~ c0 m. o I I~ o I Ij w a I I JACK ARLYN PARKES II I I °a. °VOL . 4073, PG. 1207 o I I o D. R. D. C. T. I1 o~`O°7V 11 ° w I I BASIS OF BEARING IS NORTH AMERICAN DATUM ° (n OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. SEE SHEET i2i PARCEL 35-SE-1 BEING A 10,839 SQ.FT./0.25 ACRE SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, n ABSTRACT NO. 400, DENTON COUNTY, TEXAS GRAPHIC SCALE 1'-100' Graham A RS te . CONSULTING SULTING ENGINEERS Lc PLANNERS 0 50 100 150 a00 SIX FLAGS DRIVE, SUITE 600 ARLINGTON, TEXAS 76011 (917 640-8535 TBPE FIRM: F-1191 LS FIRM: 101538-00 DATE: DECEMBER 2011 J/Dentan/P35-SE-1 I "PROPERTY INTERESTS" EXHIBIT "B" - Page 2 of 8 PAGE 2 OF 4 SEE SHEET 1 NOO'OO' OO"W I \ PROPOSED ROW 237.51' H / I I z / N90'00'00"E I I H 15.00, 1 N I I z H Inl I 1 a DO I\ v o4 o I I I z I I to LL ru v cna U o I I SAVE 6 EXCEPT of I I >_0 - 0 0(r JACK ARLYN PARKES o i\ W I I m J o VOL. 4073, PG, 1207 I D. R. O. C. T. C) \ Fi I I v > t a I 1 I z t I I ° A- 10 '55' 03" I I R-827.50' I I J T=79.08' t~ I Cb1N05627'32"E j \ I II Lc=157.44' ~;~r I I a= 10'55'03" R=852.50' ZlL=62444' p JACK ARLYN PARKES N79'04'57"W I I Cb=SO5'27'32"W U~ VOL. 4073, PG. 1207 25.00' I I Lc=162.20' D.R.D.C.T. I I I Imi f.. {~m .I lu) Iw of O In 0 IUD 100 y I , / FLOODPLAIN ` \ I I { I ~ I I BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (MAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 35-SE-1 BEING A 10,839 SQ.FT./0.25 ACRE SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, nnn ABSTRACT NO. 4000 DENTON COUNTY, TEXAS GRAPHIC SCALE 1'=100' Graham Associates,lnc. CONSULTING ENGINEERS do PLANNERS 0 50 100 15o Goo SIX FLAGS DRIVE. SUITE 500 TBPE FIRMI F-11DI/TBPLS FIBR01 701638300 GATE: DECEMBER 2011 J/Denton/P35-SE-1 "PROPERTY INTERESTS" EXHIBIT nBn -Page 3 of 8 Page 3 of 4 PARCEL 35-5E-1 LEGAL DESCRIPTION SLOPE EASEMENT Being a 0.25 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton.County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE North 90°00'00" East, leaving said east line, and continuing along said proposed south right-of-way line, a distance of 315.51 feet to a point for corner, said point being the most northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.); THENCE South 45°00'00" East, along said corner-clip, a distance of 28.28 feet to a point for corner; THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 339.39 feet to a point for corner, being the POINT OF BEGINNING; THENCE South 00°00'00" East, continuing along said proposed west right-of-way line, a distance of 416.02 feet to a point for corner, for the beginning of a tangent curve to the right having a radius of 852.50 feet, a central angle of 10°55'03", and a long chord which bears South 05°27'32" West, 162.20 feet; THENCE continuing along said proposed west right-of-way line, and along said tangent curve to the right, an arc distance of 162.44 feet to a point for corner; i THENCE North 79°04'57" West, leaving said proposed west right-of-way line, a distance of 25.00 feet to a point for corner, for the beginning of a non-tangent curve to the left, having a i i I i I "PROPERTY INTERESTS" EXHIBIT "B" - Page 4 of 8 Page 4 of 4 radius of 827.50 feet and a central angle of 10°55'03 and a long chord which bears North 05°27'32" East, 157.44 feet; THENCE along said non-tangent curve to the left an are distance of 157.68 feet to a point for corner; THENCE North 00°00'00" East, a distance of 178.51 feet to a point for corner; THENCE North 90°00'00" East, a distance of 15.00 feet to a point for corner; THENCE North 00°00'00" West, a distance of 237.51 feet to a point for corner; THENCE North 90°00'00" East, a distance of 10.00 feet to the POINT OF BEGINNING and CONTAINING 10,839 square feet, 0.25 acres of land, more or less. 4 4; , JC!. , ..r di~ .ti~Kt • jq •~IY~. 'yo: x;5.9:9 o3-/ f- zo[v I I ~ I "PROPERTY INTERESTS" EXHIBIT "B" - Page 5 of 8 PAGE 1 OF 2 tim z°iuQ 4 ;-14 P? Ys QCi THE CHAMBERLAIN TRUST VOL. 4622, PG. 1336 EL i? D, R, D. C.T. 3l oaf S90 '00' 00 "E 97.50' t-- ~----rrjr~------ROSEId1lTI1`DRIVE-----POIN'h burr----------------,-rjr~---- ~rTr---------------- „ d (VARIAULE WIOTy,B.,0,W.).--BTGINNINC~, - 595~0000°E S07 '04' 48"W \ _ - 16.83' S90'00'OQ"E'~18.0]'I POINT OF I I N90'00'00"W 1 1 COMMENCING N00'00 E 102.50' FND 1/2" I,R 5.00,4, I 11 ` ~y I 1 ~ pl SAVE & EXCEPT I 1dA TRACT 1 \ I .71Nnm1 JACK ARLYN PARKES plo~` I X VOL. 4073, PG, 1207 ` 04 D,R.O.C.T. I p I Ia~u>1 z I p'■ I ~ o I D LL Ln ,I I t = I I I 0ac~ En o t, I C07o 1-1-4 CROSSTEX ESMT H j I IVOL.5292, PG. 1318 L) 0 L_ J I Z I! w L II I { o II I { ~ I JACK ARLYN PARKES I{ I I VOL. 4073, PG. 1207 ! I I I D.R.O.C.T. { I I I I I I 1 BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD--83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL, PARCEL 35-SE-2 BEING A 500 SQ.FT./0.01 ACRE SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, n ABSTRACT NO. 4009 DENTON COUNTY, TEXAS GRAPHIC SCALE 1--100• Graham Associates,inc. SI ENGINEERS PLANNERS 0 50 NO 150 Goo ■ CONSULTING 600 SIX FLAGS DRIVE, SUITE 600 ARLINGTON. FI RM F- TTEXAS 76011 (917) 1101/19PLS FIRMt 6 0 101538 0 DATE: DECEMBER 2011 J/DGnton/P35-SE-2 "PROPERTY INTERESTS" EXHIBIT "B" - Page 6 of 8 Page 2 of 2 PARCEL 35-SE-2 LEGAL DESCRIPTION SLOPE EASEMENT Being a 0,01 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R,O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O,W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being j the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE South 90°00'00" East, leaving said east line and continuing along proposed south right- of-way line, a distance of 218.01 feet to a point for corner, being the POINT OF BEGINNING; THENCE South 90°00'00" East, continuing along proposed south right-of-way line, a distance of 97,50 feet to a point for corner, said point being the most northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R,O.W,); THENCE South 45°00'00" East, along said corner-clip, a distance of 7.07 feet to a point for corner; THENCE North 90°00'00" West, leaving said proposed west right-of-way line, a distance of 102.50 feet to a point for comer; THENCE North 00°00'00" East, a distance of 5.00 feet to a the POINT OF BEGINNING and CONTAINING 500 square feet, 0.01 acres of land, more or less. +bf, :s r 111~~`t1•[i9t[s1i1R[\~1[~~IY~t[.. 'M:C, `PEi~1~5DN . ~i trt •f tFr~ l! t[ ~o rz 03-/ i PROPERTY INTERESTS" EXHIBIT B -Page 7 of 8 PAGE 1 OF 4 m 'j? Q ~ i Cc 4v q; THE CHAMBERLAIN TRUST qW NO ~~~~,~```.x; VOL. 4522, PG. 1336 Y C00c 4 O.R,D.C,T, UM 0 3 3p i~ Zi o e I Z- r ~ 'r~----Ir/rr----------------- rjr---ROSEI,AIPN DRI1iEr------ rjr, r~r•----------------. r; JJ~1Y98IABlE_~IIgTN_B QrW se9•e9'ae"Ej6a;7o--------- L- - - - S,4~ lpoloo,,E j S90.00'00'E 315.51- 6, POINT I I S45;OO340"E 11 1 COMMENC\ I I POINT OF 1 FND 1/2^ I II BEGINNING 11 1 I I ~ 1 ~ 11 SAVTRACTXIW? I ~i~ 01 I A NNI JACK ARLYN ~y oNm1 VOL, 4073, Pq l Nl. 1 O, R. DC, I I mJ m I~~NI z 1 w ICI o~OO 1 z I a l I~ - 1 ° 0 1 I11 0 ~ ;f I j z~ ° 11 11 I° ccu 1 1 to I'- - OCL ----rl , , 0 11 1 . 7a '`l I { CROSSTEX ESMT C I IVOL.5292, PG, 1318 in u I z> 0. R. D C -L 0 L I I I N90 "0 I I 10,00 00"W ~I 3 a ° II I ¢ I I a: I I I M a I I~ T II I o 1 I JACK ARLYN PARKES II I $ { I VOL. 4073, PG. 1207 II I cc I I D.R.D.C.T. I~ I I I ~i I I I I I I BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 35-SE-3 BEING A 3,194 SQ,FT./0.07 ACRE SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT NO. 400, DENTON COUNTY, TEXAS GRAPHIC SCALE 1"-100' Graham Associates,lnc. CONSULTING ENGINEERS k PLANNERS 0 50 100 150 600 SIX FLAGS DRIVE. SUITE 500 ARLINGTON, TEXAS 78011 %I 7) 840-8538 TBPE FIRM: F-1191/TBPLS 0 101533-00 DATE: DECEMBER 2011 J/Oenton/P35-SE-3 "PROPERTY INTERESTS" EXHIBIT "B" - Page 8 of 8 Page 2 of 2 PARCEL 35-SE-3 LEGAL DESCRIPTION SLOPE EASEMENT Being a 0.07 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE South 90°00'00" East, leaving said east line and continuing along proposed south right-of-way line, a distance of 315.51 feet to a point for corner, said point being the most northerly point of a corner- clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.); THENCE South 45000'00" East, along said corner-clip, a distance of 14.14 feet to a point for corner, being the POINT OF BEGINNING; THENCE South 45°00'00" East, continuing along said corner-clip, a distance of 14.14 feet to a point for corner, said point being in the proposed west right-of-way line of said Bonnie Brae Street; THENCE South 00°00'00" West, continuing along said proposed west right-of-way line, a distance of 314.39 feet to a point for corner; THENCE North 90°00'00" West, leaving said proposed west right-of-way line, a distance of 10.00 feet to a point for comer; THENCE North 00°00'00" East, a distance of 324.39 feet to the POINT OF BEGINNING and CONTAINING 3,194 square feet, 0.07 acres of land, more or less. M.L, PEIER50N . 6.40 .599 03-I S~~1Z- "PROPERTY INTERESTS" EXHIBIT "C" -Page 1 of 12 PAGE 1 OF 2 m co QCc Y,LLC; THE CHAMBERLAIN TRUST VOL. 4522, PG. 1336 o¢~ o D.R.D.C.T. 3 ~m W~ ~q T~ .Wtie1 rrr- - - ,~~--R08EI,AlRN-DIRNI;r--------------- rrjr-- j , a11YARIABLE YIDTH_R.A:W.I----------------- /1-/, ~ 5071'0483'48"W x,590'00'00 E 315.51' 1 POINT OF \ \ I I S45 O%00"E 1 1 COMMENCING I I 28.28' I 1 I FND 112" I. R I I 1 1 1 I I 1 1 1 \ I I I I r vl SAVE & EXCEPT \ I I to N° TRACT 1 JACK ARLYN PARKES I I MM VOL. 4073, PG. 1207 a IoN mll A I I ti 1• x D.R,D.C.T. I I I m ~~~^I I I 1a,~1 z jy~ I 1' V ~ H Fq I ¢ I Ip 11 O 0 r a I ~ 01 ly 11 III °z / fr 1 II ~ N L0 it I 1 11 1 Z3 / I I 1 OCLU 1 1 I 1 I (n o I N90 '00' 00"E 1 POINT OFI 1 o~OC I- - - -I_ 1 1 20.00' BECrIIYlvIIY 1 1 m Q --1~ CROSSTEX ESMT 1 Jdo 1 1VOL.5292, PG.13iB I ` I z~ S00 '00' 00 'Id I o L_ J I I N00 '00' 00"E -A 25.00- I I 26.00' z 1 I I o II I I I Lo I I N90'00'00"W I I II o 11 20.00' I I I J JACK ARLYN PARKES I I I rn~ I I VOL. 4073, PG. 1207 I I 1 I I D.R.D.C.T, I I oW I I ~ ~ I o I I i~ I w I I BASIS OF BEARING IS NORTH AMERICAN DATUM I I I OF 1983 (NAO-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL, PARCEL 35-DE-1 BEING A 500 SQ.FT./0.01 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, n ABSTRACT NO. 400, DENTON COUNTY, TEXAS GRAPHIC SCALE i'=1oo, Graham Associates,lnc. ■ CONSULTING ENGINEERS PLANNERS D 50 100 150 800 SIX FLAGS DRIVE, SUITE eoo T9PE Fl M F-11B1/MPLS FIRM 1 638300 DATE: DECEMBER 2011 J/Denton/P35-OE-1 II "PROPERTY INTERESTS" EXHIBIT "C" - Page 2 of 12 Page 2 of 2 PARCEL 35-DE-1 LEGAL DESCRIPTION DRAINAGE EASEMENT Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42' acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 112 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE South 90100'00" East, leaving said east line and continuing along proposed south right- of-way line, a distance of 315.51 feet to a point for corner, said point being the most northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.); THENCE South 45000'00" East, along said corner-clip, a distance of 28.28 feet to a point for corner; THENCE South 00°00'00" West, along said proposed west right-of-way line, a distance of 314.39 feet to a point for corner, being the POINT OF BEGINNING; THENCE South 00°00'00" West, continuing along said proposed west right-of-way line, a distance of 25.00 feet to a point for corner; THENCE North 90100'00" West, leaving said proposed west right-of-way line, a distance of 20.00 feet to a point for corner; THENCE North 00°00'00" East, a distance of 25.00 feet to a point for corner; THENCE North 90°00'00" East, a distance of 20.00 feet to the POINT OF BEGINNING and CONTAINING 500 square feet, 0.01 acres of land, more or less. 't ...~F, T ~'•~GM ST E;p''•. M.L PETERSON A. 0 vi r f i I i "PROPERTY INTERESTS" EXHIBIT "C" - Page 3 of 12 PAGE i OF 5 WN wa~~ o. I THE CHAMBERLAIN TRUST C7'. VOL. 4522, PG. 1336 4WNQ a1 D.R.O.C.T. ~N Q ~3p W. •rrr_ ROSELAWN DZi;IVE' S89'29'40"E'204:70' ,.(VARIABLE_WIDTH _R.O;W.J. 507'04'49"W a 1 1 16.83' -N90'00'60j'E 315.51' 1 POINT OF I 1 COMMENCING I I S45'oo'oG"E I 1 FND 1/2" I.R II 26.29' I 11 1 • •i I I 1 ~1 1 I I I g 11 o SAVTRACTXIEPT [sl l 1 1 ~NNI JACK ARLYN PARKES 1 I? I I 1 d(` r~i a VOL. 4073, PG. 1207 1 I I 1. x D.R.D.C.T. I A I I Ia~NI I H I 1 W3~1 H ICI ~ ip al I 1 0 I 1 1 ~ M Lc) 0 LO LO a l w 11 1 u- /I I l 0 1 1 j~F i t i I o 1 1 °0_U I i o 1 U) oo 1 1 1 l 0 1 y 'T ca CROSSTEX ESMT - 1 ~Jt0 I I I IVOL.5292, PG, 1318 I } I z~ I I~ Z I I z I I I I~ 0 I I I P~0 ~ o I I ~ JACK ARLYN PARKES I I I A~r~i VOL. 4073, PG. 1207 I I I I D. R. D, C. T. I ! I~ I I i~ I ~ I I 'I BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SEE SHEET 2 SYSTEM, TEXAS NORTH CENTRAL. NOTES: 1. THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY MANAGEMENT AGENCY DESIGNATED FLOOD PLAIN OR s~ FLOOD PRONE AREA AS DESIGNATED ON THE FLOOD INSURATE FOR DENTON UNITY PARCEL 35-DE-2 P ANELA4BI21CO370A%EFFECCTIVE DATTENAPRILLM18, 2011. BEING A 46,054 SQ.FT./1.06 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, nn ABSTRACT NO. 4001 DENTON COUNTY, TEXAS GRAPHIC 9CALE 1'=100' Graham Associates,lnc. CONSULTING ENGINEERS & PLANNERS 0 50 100 150 600 SIX FLAGS DRIVE, SUITE 600 ARLINGTON, TEXAS 7601t 817 040-855 TBPE FIRM, F-1191/TBPLS R 1101635-OO DATE; FEBRUARY 2012 J/Denton/P35-DE-2 "PROPERTY INTERESTS" EXHIBIT "C" - Page 4 of 12 PAGE 2 OF 5 SEE SHEET i 0 a 0 g c/~~ I SAVE 6 EXCEPT I w 04 TRACT 3 ~FE JACK ARLYN PARKES VOL. 4073, PG. 1207 I I O.R.D.C.T, p ~ rL5/tl] ~ ~ ~ c I I I A 1256' R=852'50 18" I T=96.67' l L=192,51' Cb=S06'28'0 "W ' Lc=192.10' I JACK ARLYN PARKES I VOL. 4073, PG, 1207 D.R.D.C,T. I I all I I ° I 3 m I <O I ;n I ~ 100 ~ I / FLOO yp OPLAIN \ NOTES: SEE SHEET 3 BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAO-83) STATE PLANE COORDINATE 1. THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY SYSTEM, TEXAS NORTH CENTRAL, MANAGEMENT AGENCY DESIGNATED FLOOD PLAIN OR FLOOD PRONE AREA AS DESIGNATED ON THE FLOOD INSURANCE RATE MAP FOR DENTON COUNTY COMMUNITY PANEL 48121CO370 G,EFFECTIVE DATE APRIL 18,2011. PARCEL 35-DE-2 BEING A 46,054 SQ.FT./1.06 ACRE DRAINAGE EASEMENT SITUATED IN THE FAMES EDMONSON SURVEY, nn] ABSTRACT NO. 400, DENTON COUNTY, TEXAS GRAPHIC SCALE 1'100' Graham Associates,lnc. ■ CONSULTING ENGINEERS & PLANNERS 0 50 100 150 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 RgO 640-6636 TOPE FIRM: F-1191 Ls flRM: 101536-00 DATE: FEBRUARY 2012 J/Denton/P35-OE-2 "PROPERTY INTERESTS" EXHIBIT "C" - Page 5 of 12 PAGE 3 OF 5 SEE SHEET 2 N71 '10' 47"E \ 70,67' ~Oooq\ 1 S 9 .r CID. N21 '36'50"W 102.48' 1 91) 1 \z POINT OF iv BEGINNING All NO *17'40"W \ 1 \ N77•0 3 155.49 1 ia4 47 •w Og 18„W 2Ag 533'05'49"W A 54.95 Z JACK ARLYN PARKES VOL, 4073, PG, 1207 o D.R.D.C.T. aj TOMMY R. HOLAMON VOL. 5164, PG, 641 D.R.D.C,T. PppP/ ~r MARVIN HENDERSON ESTATE TRUST j' DOC. NO, 96-80055800 D.R.D.C.T. NOTES: BASIS OF BEARING IS NORTH AMERICAN DATUM 1. THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY OF 1983 (NAD-83) STATE PLANE COORDINATE MANAGEMENT AGENCY DESIGNATED FLOOD PLAIN OR SYSTEM, TEXAS NORTH CENTRAL, FLOOD PRONE AREA AS DESIGNATED ON THE FLOOD INSURANCE RATE MAP FOR DENTON COUNTY COMMUNITY PANEL 4812100370 G,EFFECTIVE DATE APRIL 18,2011. PARCEL 35-DE-2 BEING A 46,054 SQ.FT./1.06 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, nn] ABSTRACT NO. 400, DENTON COUNTY, TEXAS GRAPHIC SCALE 1'=100' Graham A te ■ CONSULTING ENGINEERS INEERS PLANNERS 0 50 100 150 000 Siff FLAGS DRIVE, SUITE 500 ' ARLINGTON, TEXAS 76011 (517) 040-650 7BPE MRMj F-1101/-MPLS FlR1dt 101558-00 DATE: FEBRUARY 2012 J/Denton/P35-DE-2 "PROPERTY INTERESTS" EXHIBIT "C" - Page 6 of 12 Page 4of5 PARCEL 35-DE-2 LEGAL DESCRIPTION DRAINAGE EASEMENT Being a 1.06 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE North 90°00'00" East, leaving said east line and continuing along proposed south right- of-way line, a distance of 315.51 feet to a point for corner, said point being the most northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.); THENCE South 45000'00" East, along said corner-clip, a distance of 28.28 feet to a point for corner; THENCE South 00°00'00" -East, along said proposed west right-of-way line, a distance of 755.40 feet to a point for corner, for the being the beginning of a tangent curve to the right having a radius of 852.50 feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09" West, 192.10 feet; THENCE continuing along said proposed west right-of-way line, and along said tangent curve to the right, an are distance of 192.51 feet to a point for corner; THENCE South 12°56'18" West, continuing along said proposed west right-of-way line, a distance of 486.92 feet to a point for corner; THENCE North 77003'42" West, leaving said proposed west right-of-way line, a distance of 184.47 feet to a point for the POINT OF BEGINNING; THENCE South 33°05'49" West, a distance of 54.95 feet to a point for corner; i "PROPERTY INTERESTS" EXHIBIT "C" - Page 7 of 12 Page 5 of 5 THENCE South 74°08'18" West, a distance of 249.51 feet to a point for corner, said point being in the west line of said Jack Arlyn Parkes tract and being in the east line of a tract of land conveyed to Tommy R. Holamon, as recorded in Volume 5164, Page 641, Deed Records, Denton County, Texas, being a common line; THENCE North 01'1740" West, along said common line, a distance of 155.49 feet to a point for corner; THENCE North 21°36'50" West, continuing along said common line, a distance of 102.48 feet to a point for corner; THENCE North 71°10'47" East, leaving said common line, a distance of 70.67 feet to a point for corner; THENCE South 56°54'11" East, a distance of 291.72 feet to the POINT OF BEGINNING and CONTAINING 46,054 square feet, 1.06 acres of land, more or less. . .N.NN.~N.NN• M.t. PETERSON ~a 5999 03'~ ? a~Z I, I I "PROPERTY INTERESTS" EXHIBIT "C" - Page 8 of 12 PAGE 1 OF 5 zwQ I Q¢ m x> ° ci THE CHAMBERLAIN TRUST VOL. 4522, PG. 1336 yyamoQ ti O.R.D.C.T. U hti 3: ROSELXWN DRIVE' S139-29--- 244:70' ...(VARIABLE WIDTH R.O:W.) 507.0448"W 15.83' N90'00'bOj-E 315.51' 1 POINT OF I ! 1 1 ' COMMENCING I I S45.00'00"E ! FND 1/2" I.R I I 28.28' I 11 1 11 I I~0 SAVE & EXCEPT I I loa+o TRACT 1 ~ I ! ; or"091 JACK ARLYN PARKES VOL. 4073, PG. 1207 I I 1' X D.R.D.C.T. A I ; o 10 U I 1'x.1 z I H 1 W a H I V 3 )y., I I 11 0 H 1 P4 1 0-l Ito 11 I I z r i cc n 1 11 O N I W 1 u, o 11 11 00-0 1 1 U a 1 I ° 1 1 } 0 0 N 1 - 1 ~ ' -1I CROSSTEX ESMT J 1 H o j I VOL.5292, PG.1316 , I u > -J 1 -D_R_D.C.T. - I I q 1j I I I~ I i F'~; I I to 1 ~ ~ I II J II JACK ARLYN PARKES I I I I I VOL. 4073, PG, 1207 I I I I I D.R.D.C.T, I o~ I I 11 ate" i I BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SEE SHEET 2 SYSTEM, TEXAS NORTH CENTRAL, NOTES: 1. THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY MANAGEMENT AGENCY DESIGNATED FLOOD PLAIN OR FLOOD PRONE AREA AS DESIGNATED ON THE FLOOD INSUTE OR PARCEL 35-DE-3 P ANELA4B121CO370A6, EFFECTIVENDATENAPRILM18, 2011, BEING A 12,344 SQ.FT./0.28 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, rnll ABSTRACT NO. 400, DENTON COUNTY, ' TEXAS GRAPHIC SCALE i"=100' Graham A RS do te ■ CONSULTING ENGINEERS PLANNERS 0 50 100 150 500 s!x Foos DRIVE, SUITE 500 ARUNG TBPE FlRM. TFE-11B1/MPLS FIRM 101538-00 DATE; FEBRUARY 2012 J/Denton/P35-DE-3 "PROPERTY INTERESTS" EXHIBIT "C" - Page 9 of 12 PAGE 2 OF 5 SEE SHEET i I I I ' I o ~ I I ~ I I ~ II n ~ W I 0 I C3 ~ II o P4 I o I SAVE 6 EXCEPT P TRACT 3 JACK ARLYN PARKES VOL. 4073, PG. 1207 I D.R.D.C.T. I q p r I I A. 12'56'1B" R=852.50' I r L=192651' I Cb°SOB '28' 0 "W ! Lc 192.10' =i JACK ARLYN PARKES I VOL. 4073, PG. 1207 D.R.D.C.T. 1 P I I 10 it I I ~ I ~ 100 yR ~ I FLOOOPLAIN ` \ I BASIS OF BEARING IS NORTH AMERICAN DATUM NOTES; SEE SHEET 3 OF 1983 (NAD-83) STATE PLANE COORDINATE 1, THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY SYSTEM, TEXAS NORTH CENTRAL. MANAGEMENT AGENCY DESIGNATED FLOOD PLAIN OR FLOOD PRONE AREA AS DESIGNATED ON THE FLOOD INSURANCE RATE MAP FOR DENTON COUNTY COMMUNITY PANEL 48121CO370 G,EFFECTIVE DATE APRIL 18,2011. PARCEL 35-DE-3 BEING A 12,344 SQ.FT./0.28 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, n Iz- ABSTRACT NO. 400, DENTON COUNTY, TEXAS GRAPHIC SCALE 1"-100' Graham Associates,lnc. CONSULTING ENGINEERS do PLANNERS 0 50 100 150 aoO SIX FLAGS DRIVE, SUITE 600 ARLINGTON, TEXAS 78011 (617) E40-8535 TSPE FIRM: F-1191/1aPls FIRM: lolwa-00 DATE: FEBRUARY 2012 J/Denton/P35-DE-3 "PROPERTY INTERESTS" EXHIBIT "C" - Page 10 of 12 PAGE 3 OF 5 SEE SHEET 2 T< a `11 \ a 'I 11 , JACK ARLYN PARKES I ` VOL. 4073, PG, 1207 / D,R.D.C,T. ,t 11 / ~o TOMMY R. HOLAMON VOL. 5164, PG. 641 D.R.D.C.T. S08'54' 19"E Htspvd aPEE~ 65.00 NIP a 1 oo1C 580 10 lB'w 225'36' g S57-03-37"W ,o !I\\`• \ 29.84' o r POINT OF BEGINNING z MARVIN HENDERSON ESTATE TRUST l DOC. NO. 96-ROO55800 f D.R,D.C.T. NOTES: BASIS OF BEARING IS NORTH AMERICAN DATUM 1. THIS EASEMENT LIES WITHIN A FEDERAL EMERGENCY OF 1983 (NAD-83) STATE PLANE COORDINATE MANAGEMENT AGENCY DESIGNATED FLOOD PLAIN OR SYSTEM, TEXAS NORTH CENTRAL. FLOOD PRONE AREA AS DESIGNATED ON THE FLOOD INSURANCE RATE MAP FOR DENTON COUNTY COMMUNITY PANEL 4812100370 G,EFFECTIVE DATE APRIL 18,2011. PARCEL 35-DE-3 BEING A 12,344 SQ.FT./0.28 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, n ABSTRACT NO. 400, DENTON COUNTY, TEXAS GRAPHIC SCALE 1'-100' Graham Associates,lnc. © CONSULTING ENGINEERS & PLANNERS 0 50 100 150 Goo SIX FLAGS DRIVE, SUITE Soo ARLINGTON, TEXAS 7001L1 (817) E4O--6536 TSFE FIRM: F-1191/TBP9 R t 101636-00 DATE: FEBRUARY 2012, J/Denton/P35-DE-3 i "PROPERTY INTERESTS" EXHIBIT "C" -Page 11 of 12 Page 4of5 PARCEL 35-DE-3 LEGAL DESCRIPTION DRAINAGE EASEMENT Being a 0.28 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows; COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of I land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brac Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O. W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE North 90°00'00" East, leaving said east line and continuing along proposed south right- of-way line, a distance of 315.51 feet to a point for corner, said point being the most northerly point of a corner-clip with the proposed west right-of-way line of Bonnie Brae Street (having a 95' R.O.W.); THENCE South 45000'00" East, along said comer-clip, a distance of 28.28 feet to a point for corner; I THENCE South 00°00'00" East, along said proposed west right-of-way line, a distance of 755.40 feet to a point for corner, for the being the beginning of a tangent curve to the right having a radius of 852,50 feet, a central angle of 12°56'18" and a long chord which bears South 06°28'09" West, 192.10 feet; THENCE continuing along said proposed west right-of-way line, and along said tangent curve to the right, an arc distance of 192.51 feet to a point for corner; THENCE South 12°56'18" West, continuing along said proposed west right-of-way line, a distance of 761.45 feet to a point for comer, said point being in the south line of said Jack Arlyn Parkes tract and being in the north line of a tract of land conveyed to Marvin Henderson Estate Trust, as recorded in Instrument No. 96-R0055800, Deed Records, Denton County, Texas, being a common line; THENCE South 80°10'16" West, leaving said proposed west right-of-way line, and along said common line, a distance of 225.36 feet to a point for corner; I "PROPERTY INTERESTS" EXHIBIT "C" - Page 12 of 12 Page 5of5 THENCE South 57°03'37" West, continuing along said common line, a distance of 29.84 feet to a point for the POINT OF BEGINNING; I THENCE South 57°03'37" West, continuing along said common line, a distance of 159.24 feet to a point for corner, said point being the southwest corner of said Jack Arlyn Parkes tract and being the southeast corner of a tract of land conveyed to Tommy R. Holamon, as recorded in Volume 5164, Page 641, Deed Records, Denton County, Texas, being a common line; II THENCE North 01017'40" West, leaving said north line of said Henderson tract, and along said common line, a distance of 120.00 feet to a point for corner; THENCE North 76°16'51" East, leaving said common line, a distance of 130.00 feet to a point for corner; THENCE South 08°54'19" East, a distance of 65.00 feet to the POINT OF BEGINNING and CONTAINING 12,344 square feet, 0.28 acres of land, more or less. •~~NYYNN~NN(v M.L P~TER50N •NN•• 1N• •f••N~N•N• ~9J9 Q 3~~ x_20 Z I "PROPERTY INTERESTS" EXHIBIT "D" - Page I of 4 PAGE 1 OF 2 CO rm ¢ 3i THE CHAMBERLAIN TRUST th\ VOL, 4522, PG. 1336 4~oa ti D. R.O.C.7, V)q 3i S90'00'00uE ° 6. , - .,rte------------- - rrr'-------- - - rTr,--KOSEI;AlPN-I3RNE- - r~r~------- jli,(VARIABLE- WIDTH _R, - _ - S07'04'48"W 833 ' 1 sB.e3' 81.87' \ )~V' 1 11.60' } 1 POINT OF I 1 COMMENCING ` FNO S61>'14'52 W } 11 i/2" I,R POINT OF 34.54' 1 WINNING I I } 1 ~I o 1 SAVE 6 EXCEPT N40'25'30"W 11wI I1po} TRACT 1 37.88 ' 1 I lyin al JACK ARLYN PARKES pN ink VOL. 4073, PG, 1207 ti A I In~x D. R. D. C. T, i II 1} z I~~,I I I p 6 0 1 H I P+ I I E } z :D ED / ' I } 1 N ~ it ~ rn 1} ILL Ln F I UEL i~ I I 1 1 (o° II c ` } oQ¢ m o + J I- -I-4 CROSSTEX ESMT r k j I IVOL.5292, PG. 1318 -~q W _ I I z> t___~ I I I I Z II I I = II w I I 0 II { I J JACK ARLYN PARKES II I I VOL. 4073, PG. 1207 IJ I D,R,D,C,T, II I II f~ I it I I BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD--83) STATE PLANE COORDINATE PARCEL 35--TCE-1 SYSTEM, TEXAS NORTH CENTRAL, BEING A 876 SQ.FT./0.02 ACRE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, n ABSTRACT NO. 400, DENTON COUNTY, TEXAS GRAPHIC SCALE f'=f00' ■ Graham Associates,lnc• G 50 100 150 CONSULTING ENGINEERS PLANNERS eoG slx FLAGS DRIVE(, SUITE 500 TE 600 ARLING TBPE FTON, F-11ot/TBPIS NNW 1015 3B 300 DATE: DECEMBER 2011 J/Denton/P35-TCE-1 ~I "PROPERTY INTERESTS" EXHIBIT "D" - Page 2 of 4 Page 2of2 I PARCEL 35-TCE-1 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT ~I i Being a 0.02 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: i COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W.), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; THENCE South 90°00'00" East, leaving said east line and continuing along proposed south right-of-way line, a distance of 81.87 feet to a point for corner, being the POINT OF BEGINNING; THENCE South 90°00'00" East, continuing along said proposed south right-of-way line, a distance of 46.83 feet to a point for corner; THENCE South 33°45'08" East, leaving said proposed south right-of-way line, a distance of 11.60 feet to a point for corner; THENCE South 56'14'52" West, a distance of 34.54 feet to a point for corner; THENCE North 40025'30" West, a distance of 37.88 feet to the POINT OF BEGINNING and CONTAINING 876 square feet, 0.02 acres of land, more or less. ~~iYrrrr.i, oiFr+rfilb l tlr.' ~I:l. =1'.~f~i~so.N•e1 X111 r.+f IY/.+ i+fe.+ii4 rtl nYlr,.. rte. 991 D3 ~ zo►'y "PROPERTY INTERESTS" EXHIBIT "D" - Page 3 of 4 PAGE 1 OF 2 ~m as , o~ water' Y~ac THE CHAMBERLAIN VOL. 4522, PG. 1336 C4 U7Q 4,' 'J 3 O o r. S90'00'00"E 33.00' rj _-ROSEIAWN-DRI•VI; L ' % ~O11~T OF 9' 9'48.E J~d~;70'--------T--- ''BEGINNING- ~I~~VARIA6LE_)IIDTkLA~9J~~)------~~1~ l i S07'0448"W 1 I 16. B3' 158.70' Soo. 13.31"E I 1 1 COMOIMENCING N00'13'31"W\ I I 11.02' 1 1 FNO 1/2" I.R 11.15' \ \ I I 1 1 \ SB9'46' 29"W 1 33,00' I 1 I 1 gc SAVE & EXCEPT JACK ARLYN PARKES 1 I 1 •oN ml VOL. 4073, PG, 1207 I A I I..rox I I ~,~,1 Lj O.R.O.C.T. I ~ I 1'a,~~l z III I 11 ~~11 ° I 6 Z I H /'I I I II III o / I 1 1 ON rn 1 1 LL u) ,I I 1 1 OCO~ / I 1 L) I I II 1 o 00a; I I I O 1 - -F_ I I co _ R~ _ 1 1 0 - - - - - - - - - - I-~ C RO55TEX ESMT 1 I IVOL•5292, PG.1318 p~ I U> I -O_R_D`•L- - W_W - I 0 { {I v ii w I I II I I o I I I I --I JACK ARLYN PARKES II I { VOL. 4073, PG. 1207 1 1 I I O.R.D.C.T. f rr l' I I I I BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAD-83) STATE PLANE COORDINATE PARCEL 35-TCE-2 SYSTEM, TEXAS NORTH CENTRAL. BEING A 366 SQ.FT./0.01 ACRE TEMPORARY CONSTRUCTION EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, [nn ABSTRACT NO. 4009 DENTON COUNTY, TEXAS GRAPHIC SCALE 1'=100' Graham Associatesjnc. 0 50 100 150 CONSULTING ENGINEERS do PLANNERS eoo SIX Foos DRIVE, SUITE aOO ARLINGTON, TEXAS 76011 (817) 040-8835 TOPE FIRM: F-1161/TBPLS RMt 101038-oo DATE: DECEMBER 2011 J/Denton/P35-TCE-1 "PROPERTY INTERESTS" EXHIBIT "D" - Page 4 of 4 Page 2of2 PARCEL 35-TCE-2 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No.400, Denton County, Texas and being a portion of that 42 acre tract of land conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the existing west right-of-way line of Bonnie Brae Street (having a variable width R.O.W.), and the existing south right-of-way line of Roselawn Drive (having a variable width R.O.W.); THENCE South 89°29'48" East, leaving existing said west right-of-way line and along existing said south right-of-way line, a distance of 204.70 feet to a point for corner, said point being in the proposed south right-of-way line of Roselawn Drive (having a variable width R.O.W), also being the northeast corner of a tract of land conveyed to Jack Arlyn Parkes, save and except Tract 1, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, THENCE South 07°04'48" West, along said proposed south right-of-way line, and along east line of the said save and except Tract 1, a distance of 16.83 feet to a point for corner; I THENCE South 90°00'00" East, leaving said east line and continuing along proposed south right-of-way line, a distance of 158.70 feet to a point for corner, being the POINT OF BEGINNING; THENCE South 90°00'00" East, continuing along said proposed south right-of-way line, a distance of 33.00 feet to a point for corner; THENCE South 00°13'31" East, leaving said proposed south right-of-way line, a distance of 11.02 feet to a point for corner; THENCE South 89°4629" West, a distance of 33.00 feet to a point for corner; THENCE North 00°13'31" West, a distance of 11.15 feet to the POINT OF BEGINNING and CONTAINING 366 square feet, 0.01 acres of land, more or less. M.L. °Pr7 R$OW . tai, t.. r frR{.~~ O Jl Co~Z I II