2012-340
s:llegal\our documents\ordinances\12\watts condemnation ord-final.doc
ORDINANCE NO. 2012-340
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AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO
ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN (1) FEE
SIMPLE TITLE TO THE SURFACE ESTATE, WITH WAIVER OF SURFACE USE
RELATED TO THE MINERAL ESTATE, OF AN APPROXIMATE 0.07 ACRE TRACT OF
REAL PROPERTY; (II) A UTILITY AND SLOPE EASEMENT ENCUMBERING A 0.07
ACRE TRACT OF REAL PROPERTY; (III) A UTILITY AND DRAINAGE EASEMENT
ENCUMBERING A 0.01 ACRE TRACT OF REAL PROPERTY; (IV) A DRAINAGE
EASEMENT ENCUMBERING A 0.03 ACRE TRACT OF REAL PROPERTY (V) A SLOPE
EASEMENT ENCUMBERING A 213 SQUARE FOOT TRACT OF REAL PROPERTY; AND
(VI) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
ENCUMBERING A 0.08 ACRE TRACT 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 2200 BLOCK OF SOUTH BONNIE BRAE STREET, AND SITUATED IN THE O.S.
BREWSTER SURVEY, ABSTRACT NUMBER 56, CITY OF DENTON, DENTON
COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", EXHIBIT
"B", EXHIBIT "C", EXHIBIT "D", EXHIBIT "E" AND EXHIBIT "F", 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 Christopher M.
Watts, the owner of the Property Interests (the "Owner") on March 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) 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");
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 (30th) 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) utility and slope
easement; (c) utility and drainage easement; (d) drainage easement; (e) slope easement; and (f) 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 0.07 acre of real property; (2) a utility and slope easement encumbering
0.07 acre of real property; (3) a utility and drainage easement encumbering 0.01 acre of real
property; (4) a drainage easement encumbering 0.03 acre of real property; (5) a slope easement
encumbering 213 square feet of real property; and (6) a temporary construction, grading and
access easement encumbering 0.08 acre of real property; generally located in the 2200 block of
South Bonnie Brae Street, located in the O.S. Brewster Survey, Abstract 56, and being more
particularly described in Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D", Exhibit "E" and
Exhibit "F", 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
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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) fee simple to the surface estate, with waiver of surface use related to the mineral
estate, of 0.07 acre of real property, as described on Exhibit "A", attached hereto and made a part
hereof by reference; (2) a utility and slope easement encumbering 0.07 acre of real property, as
described on Exhibit "B", attached hereto and made a part hereof by reference; (3) a utility and
drainage easement encumbering 0.01 acre of real property, as described on Exhibit "C", attached
hereto and made a part hereof by reference; (4) a drainage easement encumbering 0.03 acre of
real property, as described in Exhibit "D", attached hereto and made a part hereof by reference;
(5) a slope easement encumbering 213 square feet of real property, as described in Exhibit "B",
attached hereto and made a part hereof by reference; and (6) a temporary construction, grading
and access easement, encumbering 0.08 acre of real property, as described in Exhibit "F",
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 is the record title owner 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.
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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
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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 kmlz '2012.
red
(Q~
M A. B O HS, MAY 6R ATTEST:
JENNIFER WALTERS, CITY SECRETARY
I
By: OVY 26
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
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FEE SIMPLE "PROPERTY INTERESTS" EXHIBIT "A" - Page 1 of 2
PAGE I OF 2 Y.,
I'
A qf~
LOT i a
.TROGEUNNELL & 4~
VOL. 994, PG, 652 ; r..
N70 '54' 54"E
~J` ZpN 31.03
p0~i g9p SEW GAI CAPR r~ ^ <
WPB Pp . ' ~ '
ON
°D
p A- 4'48'26"
R=1047.50' T=43.97'
L=87.88'
Cb=N08'19'23"W
LC=87.86' \ w 2324 HIGHLAND PARK RD
SET i/2" I.R. \ z I MILTON B. CLEARMAN 6
J SPOUSE, ANITA A. CLEARMAN
2216 S. BONNIE BRAE W/GAI CAP O i } VOL. 4437, PG, 2213
LOT 2 D.R.O.C.T.
CHRISTOPHER M. WATTS cU)
VOL. 5102, PG. 2396
D, R. D, C. T. ,D
U) '
N10°43'36"W '
84.19'
1 - GHLAN
_ D PA~t ROAD
POINT OF / n
s C-I - aL (VARIABLE WIDTj
BEGINNING ljjl_O,W.)_
W
°<q
Ir
SET 1/2' I ,R.
ILO ti
qB 4" W/GAI CAO
AC z
POINT -OF-
o
COMMENCING
FNO 1/2" I,R
L Q J~ 4
ir O _j HARLAN PROPERTIES, INC.
m VOL. 4704, PG. 1297
04
¢ D. R, O. C. T.
2220 S. BONNIE BRAE ,
JOHN PLOT DANSBY t v ,7,
VOL. 1554, PG. 969
0.8 . D. C. T.
NOTE: SET 1/2" T.R. W/ GAI CAP TO BASIS OF BEARING IS NORTH AMERICAN DATUM
BE SET AT END OF CONSTRUCTION. OF 1983 (NAD-B3) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 24-ROW-1
BEING
2,841 SQ.FT./0,07 ACRE
SITUATED IN THE O.S. BREWSTER SURVEY [nn
ABSTRACT NO. 56
DENTON COUNTY, TEXAS SCALE: 1"- 60'
Graham Associates,lnc.
■ CONSULTING ENGINEERS do PLANNERS
600 SIX FLAGS DRIVE, SUITE 500
ARLINGTON, TEXAS 76011 (817) 64G-6638
TBPE FIRM: F^1101/IBPLS FIRM: 101538-00
DATE: MARCH 2012
J/Denton/P24-ROW-1
I
"PROPERTY INTERESTS" EXHIBIT "A" - Page 2 of 2
Page 2 of 2
PARCEL 24-ROW-1
LEGAL DESCRIPTION
BEING a 0.07 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in
Cabinet H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to
Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton
County, Texas and being more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of
said Lot 2, and being the northeast corner of Lot 3A, of said Solar Way Addition, and
being conveyed to John Dansby as recorded in Volume 1554, Page 969, 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.);
THENCE North 00°17'54" East, along said existing west right-of-way line, a distance of
70.20 feet to a set 1/2 inch iron rod with GAI cap for corner, for the POINT OF
BEGINNING, said point being in the proposed west right-of-way line of said Bonnie
Brae Street;
THENCE North 10°43'36" West, leaving said existing right-of-way line and along said
proposed right-of-way line, a distance of 84.19 feet to a set 1/2 inch iron rod with GAI
cap for corner, for the beginning of a tangent curve to the right having a radius of
1047.50 feet, a central angle of 4°48'26", and a long chord which bears North 08°19'23"
West, 87.86 feet;
THENCE along said proposed west right-of-way line and along said tangent curve to the
right, an are distance of 87.88 feet to a set 1/2 inch iron rod with GAI cap for corner, said
point being in the north line of said Lot 2, and being in the south line of Lot 1 Solar Way
Addition as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas and
being conveyed by deed to Jean M.G. Tunnell and Agnes H. Rogers, as recorded in
Volume 994, Page 652, Deed Records, Denton County, Texas, being a common line;
THENCE North 70°54'54" East, leaving said proposed west right-of-way line and along
said common line, a distance of 31.03 feet to a point for corner, said point being the
northeast corner of said Lot 2 and also being in the said existing west right-of-way line
Bonnie Brae Street;
THENCE South 00°17'54" West, leaving said common line and along said existing west
right-of-way line, a distance of 179.80 feet to the POINT OF BEGINNING and
CONTAINING 2,841 square feet, 0.07 acres of land, more or less.
OF
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•~1_L~~PFFERSON
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e ~ ~Z.btTL
"PROPERTY INTERESTS" EXHIBIT 11B11 -Page 1 of 2
PAGE 1 OF R r<g~
3 i t
Xi 4
vi , ~J7 0 d
6) z JEAN M.6 TTUNNELL 6
i rk AGNES H. ROGERS 0 a a~ `
X
VOL. 994, PG. 652 0 o w <0~4
~'j •t'
i i~j nlr
~Lti~s D.R.D.C.T. a CE cr
* rT° ° cn
N89 '09' 57"E C
r1 16.12' It
S0 It
A= 2'49'43"
PQQS ~g6 w R=1047.50
T=25. 88'
Wad PG'(. L=51.74'
6oGp0p P'Q,C y \ Lc=509 738'42 E
' I
2324 HIGHLAND PARK RD
MILTON B. CLEARMAN 6
A_ 2'56'13 " ` i SPOUSE, ANITA A. CLEARMAN
VOL. 443 4437, PG. 2213
R=1063.50' D.R.O.Q.T.
L=54.51' 510'43'36E
Cb=N09'15'30"W 84.19'
Lc=54.51'
2216 S. BONNIE BRAE
LOT 2
CHRISTOPHER M. WATTS
VOL. 5102, PG. 2398 / - -
D.R.O.C.T. A
• 1 ~ r~• ,1
W q
/ W1 ~~i 500'~~~54 r-__
70.20 GHLAND PA k ROAD
WIOT~if~t_0 W_)
(VARIABLE
6 ,ogoo H
T 91~y SBB '33' 56".W_ _2-61' _
POINT OF___
BEGINNING a
' i l W
FND J/2" I.H ; wti ~o
O w HARLAN PROPERTIES.' INC.
a a+ m VOL. 4704, PG. 1297
s C5? Pa Fa
2220 S. BONNIE BRAE D.R.D.C.T.
LOT 3A >
JOHN P. DANSBY EEE-~~~
VOL. 1554, PG. 969 C/] O v
D.R.D.C.T. W
I ,
w
BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983• (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 24-USE--1
BEING A
2,837 SQ.FT./0.07 ACRE
UTILITY & SLOPE EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY
ABSTRACT NO. 56 nnn
DENTON COUNTY, TEXAS SCALE: 1"= 60'
Graham Associates,lnc.
■ CONSULTING ENGINEERS do PLANNERS
600,S1X FLAGS DRIVF, SUITE 5DO
T9PE FIRM: F 11D1/TBPLS `FIRM 1038-00 DATE: JULY 2011
J/Denton/P24-USE-i
"PROPERTY INTERESTS" EXHIBIT "B" - Page 2 of 2
Page 2 of 2
PARCEL 24-USE-1
LEGAL DESCRIPTION
UTILITY & SLOPE EASEMENT
i
BEING a 0.07 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton
County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44,
Plat Records, Denton County, Texas, and being conveyed by deed to Christopher M. Watts, as !
recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a found 1/2 inch iron rod, said point being the southeast corner of said Lot 2, and
being the northeast corner of Lot 3A, of said Solar Way Addition, and being conveyed to John
Dansby as recorded in Volume 1554, Page 969, 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.);
THENCE South 88°33'56" West, leaving said existing west right-of-way line and along the south
line of said Lot 2, a distance of 2.61 feet to a point for corner;
THENCE North 10°43'36" West, leaving said south line, a distance of 152.67 feet to a point for
corner, for the beginning of a tangent curve to the right having a radius of 1063.50 feet, a central
angle of 2°56'13 and a long chord which bears North 09°15'30" West, 54.51 feet;
THENCE along said tangent curve to the right, an are distance of 54.51 feet to a point for corner;
THENCE North 89°09'57" East, a distance of 16.12 feet to a point for coiner, for the beginning of
a non-tangent curve to the left having a radius of 1047.50 feet and a central angle of 2°49'48" and
a long chord which bears South 09118'42" East, 51.73 feet, said point being in the proposed west
right-of-way line of Bonnie Brae Street (having a variable width R.O.W.);
THENCE along said proposed west right-of-way line and along said non-tangent curve to the left
an are distance of 51.74 feet to a point for corner;
THENCE South 10°43'36" East, continuing along said proposed west right-of-way line, a
distance of 84.19 feet to a point for corner, said point being in the existing west right-of-way line
of said Bonnie Brae Street;
THENCE South 00°17'54" West, along said existing west right-of-way line, a distance of 70.20
feet to the POINT OF BEGINNING and CONTATNTNG 2,837 square feet, 0.07 acres of land,
more or less.
OF
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"PROPERTY INTERESTS" EXHIBIT "C" - Page 1 of 2
PAGE 1 OF 2 \ 9`
9 ; ill Q r~
o- LOT 1 ~ b
JEAN M. G. TUNNELL & o
AGNES H. ROGERS N i J tr`~ r
J VOL. 994, PG, 652 a°
Cl D.R.D.C.T. ¢
c< N70'54'54"E a ! Csf,~
16.43 ,
A= 1 Pp01196 R=1047850„
Wpb PG•~ T=1B.07'
~a 54'29"E
0Cp0 P 0' Cb3SO65
G
Lc-36. 14'
S89'09' 7"W 3 ;
16,12' a
2324 PARK
D= 1'40' 07" POINT OF ¢ MILT NI B.L CLEARM N &D
R=1063.50' z SPOUSE, ANITA A. CLEARMAN
T=15.49 BEGINNING VOL. 4437, PG, 2213
N i i 1 O. R. D. C. T,
L=30.97' H
Cb=NO6'57' 20"W w
Lc=30.97' R= 2.49.48°
R=1047.50'
T-25.88• °
L=51.74' W
Cp=N09'18'42"W
Lc=51.73' rn i i l 1
2216 S. BONNIE BRAE
LOT 2
CHRISTOPHER M. WATTS
VOL. 5102, PG. 2398 _ i
D.R.D.C.T. ~l ~1iN - ----J r~--- -
LAN - - D--
GH PA jt ROAD
I Ey I-- VARIABLE WIOT~ili-1 0_W.
_1~----
O Ac00 - z s ' E-I
c . pro -'J w¢
POINT -OF- - -
COMMENCING
W 4 0 o
FND 1/2" I.R ^ ~y
~ O Q W w 3
ti's O J HARLAN PROPERTIES, INC.
+ m VOL. 4704, PG. 1297
C'3? ; .a, D. R. D. C. T.
2220 S. BONNIE BRAE jr
LOT 3A i ;
JOHN P. DANSBY ;
VOL. 1554, PG. 969 a f/] 0 y
D.R.D.C.T. j~
i
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BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 19B3 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 24-UDE--1
BEING A
537 SQ.FT./0.01 ACRE
UTILITY & DRAINAGE EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY
ABSTRACT NO. 56 n
DENTON COUNTY, TEXAS SCALE; 1"= 60'
Graham Associates,lnc.
CONSULTING ENGINEERS & PLANNERS
800 SIX FLAGS DRIVE, SUITE SOD
ARLINGTON, TEXAS 78011 (817) 640-8535
TOPE FIRM; F-1191/TBPLS FIRM: 101538-00 DATE: JULY 2011
J/Denton/P24-UDE-1
"PROPERTY INTERESTS" EXHIBIT "C" - Page 2 of 2
Page 2 of 2
PARCEL 24-UDE-1
LEGAL DESCRIPTION
UTILITY & DRAINAGE EASEMENT
BEING a 0,01 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56, Denton
County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44,
Plat Records, Denton County, Texas and being conveyed by deed to Christopher M. Watts, as
recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more
particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of said Lot 2,
and being the northeast corner of Lot 3A of said Solar Way Addition, and being conveyed to John
Dansby as recorded in Volume 1554, Page 969, 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.);
THENCE North 00°17'54" East, along said existing west right-of-way line, a distance of 70.20
feet to a point for corner, said point being in the proposed west right-of-way line of said Bonnie
Brae Street;
THENCE North 10°43'36" West, leaving said existing right-of-way line and along said proposed
west right-of-way line, a distance of 84.19 feet to a point for corner, for the beginning of a
tangent curve to the right having a radius of 1047.50 feet, a central angle of 2149'48", and a long
chord which bears North 09° 18'42" West, 51.73 feet;
THENCE continuing along said proposed west right-of-way line and along said tangent curve to
the right an are distance of 51.74 feet to a point for the POINT OF BEGINNING;
THENCE South 89°09'57" West, leaving said proposed west right-of-way line, a distance of
16.12 feet to a point for corner, for the beginning of a non-tangent curve to the right having a
radius of 1063.50 feet and a central angle of 1 °40'07" and a long chord which bears North
06°57'20" West, 30.97 feet;
THENCE along said non-tangent curve to the right an are distance of 30.97 feet to a point for
corner, said point being in the north line of said Lot 2, and being in the south line of Lot 1, Solar
Way Addition as recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas and
being conveyed by deed to Jean M.G. Tunnel] and Agnes H. Rogers, as recorded in Volume 994,
Page 652, Deed Records, Denton County, Texas, being a common line;
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THENCE North 70°54'54" East, along said common line, a distance of 16.43 feet to a point for
corner, for the beginning of a non-tangent curve to the left having a radius of 1047.50 feet and a
central angle of 1°58'37", and a long chord which bears South 06°54'29" East, 36.14 feet, said
point being in proposed west right-of-way line of said Bonnie Brae Street;
THENCE leaving said common line, along said proposed west right-of-way line and along said
non-tangent curve to the left an arc distance of 36.15 feet to the POINT OF BEGINNING and
CONTAINING 537 square feet, 0.01 acres of land, more or less.
4F`
'A' A
r..rT`
M_L:.P~fERSpN
a~~~w4lrcYiii a yR 4i7r..r `
599 wr:-:.:.
I
"PROPERTY INTERESTS" EXHIBIT "D" - Page 1 of 2
PAGE 1 OF 2
IN
`l` (Q LOT 1 ¢b
JEAN M. G. TUNNEL LI & ;i
4c 5;
AGNES H. ROGER 4
}
~tf VOL. 994, PG. 00
N .
d i tv~.
~b 1-011
Am 1 *410
p0 >y9 ~A. t } R=1063.50'^l
Pp` pG A„~ g0 1 I L$30. s7'
'
cp,0p A 0' ~0 .5A i Cb=S06.57' 20"E
N Lc=30.97'
S69'09'57"W 96.69' 1 i
POINT OF 2324 HIGHLAND PARK RD
BEGINNING MILTON B. CLEARMAN G
Lo
SPOUSE, ANITA A. CLEARMAN
589'09'57"W i VOL. 4437. PG. 2213
16.12' 1 D. R. D. C. T.
H
X ~
A= 2'49'48" w `
R:1047.50' 1 i 1
T=25.88' 1 °
L=51.74' A
Cb=NO9'18'42"W 1 w
Lc=51.73' 1 i 1
1 m i -
2216 S. BONNIE BRAE 1 Y i ice/ i' ^ _
LOT 2
CHRISTDPHER M. WATTS " -
VOL. 5102, PG. 2396
D. R. D. C. T. -
1 GH IUNDW o Ali ROAD
0 i o -
o El 1~,_- -
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;
h
do pop z E-4
:c E--4 o
POINT -OF- - - -
COMMENCING
FND 1/2' I.R O °
Pa 3
O _j HARLAN PROPERTIES, INC.
and m VOL. 4704, PG. 1297
N H . D.R.D.C.T.
2220 S. BONNIE BRAE ¢Q
LOT 3A i
JOHN P. DANSBY
VOL. 1554, PG. 969 % U] Q
D.R.D.C.T.
BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAD-63) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 24-DE-1
BEING A
1,487 SQ.FT./0.03 ACRE
DRAINAGE EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY
ABSTRACT NO. 56 n
DENTON COUNTY, TEXAS SCALE: 1"= 60
Graham Associates,lnc.
. CONSULTING ENGINEERS & PLANNERS
eDO SIX FLAGS DRIVE, SUITE 1500
TEXAS 76011 191/RBRM3 1038-OD
TBPE FIRM, -1
DATE: JULY 2011
J/DentOn/P24-DE-1
"PROPERTY INTERESTS" EXFIIBIT "D" - Page 2 of 2
Page 2 of 2
I
PARCEL 24-DE-1
LEGAL DESCRIPTION
DRAINAGE EASEMENT
BEING a 0.03 acre tract of land situated in the O S Brewster Survey, Abstract No. 56, Denton
County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet H, Page 44,
Plat Records, Denton County, Texas. and being conveyed by deed to Christopher M. Watts, as
recorded in Volume 5102, Page 2398, Deed Records, Denton County, Texas and being more
particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of said Lot 2,
and being the northeast corner of Lot 3A of said Solar Way Addition, and being conveyed to John
Dansby as recorded in Volume 1554, Page 969, 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.);
THENCE North 00°17'54" East, along said existing west right-of-way line, a distance of 70.20
feet to a point for corner, said point being in the proposed west right-of-way line of said Bonnie
Brae Street;
THENCE North 10°43'36" West, leaving said existing right-of-way line and along said proposed
west right-of-way line, a distance of 84.19 feet to a point for corner, for the beginning of a
tangent curve to the right having a radius of 1047.50 feet, a central angle of 2°49'48", and a long
chord which bears North 09°18'42" West, 51,73 feet;
THENCE continuing along said proposed west right-of-way line and along said tangent curve to
the right an are distance of 51,74 feet to a point for corner;
THENCE South 89°09'57" West, leaving said proposed west right-of-way line, a distance of
16.12 feet to a point for the POINT OF BEGINNING;
THENCE South 89°09'57" West, a distance of 96.69 feet to a point for corner, said point being in
the north line of said Lot 2, and being in the south line of Lot 1, Solar Way Addition as
recorded in Cabinet B, Page 196, Plat Records, Denton County, Texas and being
conveyed by deed to Jean M.G. Tunnell and Agnes H. Rogers, as recorded in Volume 994, Page
652, Deed Records, Denton County, Texas, being a common line;
THENCE North 70°54'54" East, along said common line, a distance of 98.34 feet to a point for
corner, for the beginning of a non-tangent curve to the left having a radius of 1063.50 feet and a
central angle of 1040'07", and a long chord which bears South 06°57'20" East, 30.97 feet;
THENCE leaving said common line and along said non-tangent curve to the left an arc distance
of 30.97 feet to the POINT OF BEGINNING and CONTAINING 1,487 square feet, 0.03 acres of
land, more or less.
+
i
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y
Ot-L5• ZOlt
"PROPERTY INTERESTS" EXHIBIT "E" - Page I of 2
PAGE 1 OF 2
eCy I ~ ; v it
~L I I `pl` 1
LOT 7 0 , J r ~V/~-. a 4
4~ ~ JEAN M.G. TUNNEIL 6 N X51
x J AGNES H. ROGERFs~ o s > '
VOL. 994. PG. Q52 0 0 > U~
D.R.D.C..T II a u?` `
f1b, , Q) N ~
w~ 1 A= 1.'44'42"
~J NB9'09'57"E FA
R=1063.50' <<~°
~~ZpN 13.44' x T=16.20'
w ; 1
Ppp ,~g6 4 L=32.39
Cb=SOB'39'45"E
~P 0• G 1 Lc=32.39'
5p p' )
G~ Q Q1• 2324 HIGHLAND PARK RD
; MILTON B. CLEARMAN 6 I
{ A- 1'77'30" SPOUSE, ANITA A. CLEARMAN
R=1047.50' VOL. 4437, P6. 2213
D•R.D.C.T.
N29 '55' 41 "W ` L= ~9'
36.72' t Lc=z1~7s7 51 w
POINT OF ,
0
BEGINNING z
I 1
SBO'27'54"W 1 w
16.00'
2216 S. BONNIE BRAE 'J \
LOT 2
CHRISTOPHER M. WATTS
VOL. 5102, PG. 2398
D.R.D.C.T. = f - !
J GHLAND i'iak~RUAD
(VARIABLE WIOTNl~
y~ p4OO 1 Z
J ry~Qo rMV_
POINT -OF-- - - - F °
pq "s
COMMENCING
4w~ 0
PLI
FND 1/2" I•R O Ow
3
PEI,
i O Iq J HARLAN PROPERTIES, INC.
a I m VOL. 4704, PG. 1297
CS ? ; la O.R.D.C.T.
2220 S. BONNIE BRAE 7
LOT 3A
JOHN P. DANSBY ; E I
VOL. 1554• PG. 969 03 O
D.R.D. C. T. p I Pa
I w ,
BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 24-SE-1
BEING A
213 SQ.FT./0.00 ACRE
SLOPE EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY
ABSTRACT NO. 56 n
DENTON COUNTY, TEXAS SCALE: 1 60'
Graham Associates,lnc.
CONSULTING ENGINEERS PLANNERS
600 51% FLAGS DRIVE, SUITE 500
TOPE FIRM: F 1191/TBPLS 4.10 10 678-00
DATE: JULY 2011
J/Denton/P24-SE-1
"PROPERTY INTERESTS" EXHIBIT 11E" -Page 2 of 2
Page 2 of 2
PARCEL 24-SE-1
LEGAL DESCRIPTION
SLOPE EASEMENT
BEING a 213 square foot tract of land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in Cabinet
H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to
Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton County,
Texas and being more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of said Lot 2,
and being the northeast corner of Lot 3A of said Solar Way Addition, and being conveyed to
John Dansby as recorded in Volume 1554, Page 969, 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.);
THENCE North 00°17'54" East, along said existing west right-of-way line, a distance of 70.20
feet to a point for corner, said point being in the proposed west right-of-way line of Bonnie Brae
Street (having a variable width R.O.W.);
THENCE North 10°43'36" West, leaving said existing west right-of-way line and along said
proposed west right-of-way line, a distance of 84.19 feet to a point for corner, for the beginning
of a tangent curve to the right having a radius of 1047.50 feet and a central angle of 1°11'30" and
a long chord which bears North 10°07'51" West, 21.79 feet;
THENCE continuing along said proposed west right-of-way line and along said tangent curve to
the right an arc distance of 21.79 feet to a point for corner;
THENCE South 80°27'54" West, leaving said proposed west right-of-way line, a distance of
16.00 feet to a point for the POINT OF BEGINNING;
THENCE North 29°55'41" West, a distance of 36.72 feet to a point for corner;
THENCE North 89°09'57" East, a distance of 13.44 feet to a point for corner, for the beginning of j
a non-tangent curve to the left having a radius of 1063.50 feet and a central angle of 1°44'42" and
a long chord which bears South 08°39'45" East, 32.39 feet;
THENCE along said non-tangent curve to the left an arc distance of 32.39 feet to a point for the
POINT OF BEGINNING and CONTAINING 213 square feet, 0.00 acres of land, more or less.
C17 10
.N.N...N.NINN ~ ~
M.L PEfEMN
a
'
"PROPERTY INTERESTS" EXHIBIT "F" - Page I of 2
PAGE i OF 2
, 91
dt J3
iV~`
'o
'w
'J
i W 2324 HIGHLAND PARK RD
Z MILTON B. CLEARMAN 6
V J SPOUSE, ANITA A. CLEARMAN
2216 S. BONNIE BRAE E' VOL. 4437, PG. 2213
LOT 2 En, i } D. R. D. C. T.
; j
CHRISTOPHER M. WATTS >
VOL. 5102, PG. 2396 ~
O.R.O.C.T. ;U)
,
S 1b 432 36",E
NBB '43' qB °E, - 50.67' r -GH
66. LAND PA1ROAD
(VARIABLE WIOT)i/tl 0 W )
' OINT OF
N015061B, W CO MENCING
1 F D 1/2" I.R
i
E-I
SBB'33'56"W 75.04-' W J
,
POINT -OF -
BEGINNING Ada
, w
SBB'33'56"W ti 0 °
1]4 3 HARLAN PROPERTIES. INC.
IIa w VOL. 4704, PG. 1297
a Jm O. R. D. C. T.
2220 5. BONNIE BRAE
P4 I--1
LOT 3A v
JOHN P, OAN58Y
VOL. 1554, PG. 969
D.R.O.C.T. A
BASIS OF BEARING IS NORTH AMERICAN DATUM
OF 1983 (NAD-83) STATE PLANE COORDINATE
SYSTEM, TEXAS NORTH CENTRAL.
PARCEL 24-TCE-1
BEING A
3,549 SQ.FT./0.08 ACRE
TEMPORARY CONSTRUCTION EASEMENT
SITUATED IN THE O.S. BREWSTER SURVEY
ABSTRACT NO. 56 nn
DENTON COUNTY, TEXAS SCALE:1 60'
Graham Associates,lnc.
■ CONSULTING ENGINEERS & PLANNERS
800 SIX FLAGS DRIVE, SUITE BOO
TOPE FIRM: F S.7601111 S FIRM 1038-00
DATE: JULY 2011
J/Denton/P24-TCE-1
III
I
"PROPERTY INTERESTS" EXHIBIT "F" - Page 2 of 2
Page 2 of 2
PARCEL 24-TCE-1
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
BEING a 0,08 acre tract of land situated in the O.S. Brewster Survey, Abstract No. 56,
Denton County, Texas, being a portion of Lot 2, Solar Way Addition as recorded in
Cabinet H, Page 44, Plat Records, Denton County, Texas, and being conveyed by deed to
Christopher M. Watts, as recorded in Volume 5102, Page 2398, Deed Records, Denton
County, Texas and being more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod, said point being the southeast corner of
said Lot 2, and being the northeast corner of Lot 3A, Solar Way Addition, as recorded in
Cabinet H, Page 44, Plat Records, Denton County, Texas, being a common line, and
being in the existing west right-of-way line of Bonnie Brae Street (having a variable
width R.O.W.);
THENCE South 88°33'56" West, leaving said existing west right-of-way line and along .
common line, a distance of 2.61 feet to a point for the POINT OF BEGINNING;
THENCE South 88°33'56" West, continuing along common line, a distance of 75.01 feet
to a point for corner;
THENCE North 01°16'52" West, leaving said common line, a distance of 50,18 feet to a
point for corner;
THENCE North 88°43'08" East, a distance of 66.69 feet to a point for corner;
THENCE South 10°43'36" East, a distance of 50.67 feet to the POINT OF BEGINNING
and CONTAINING 3,549 square feet, 0.08 acres of land, more or less.
OF
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