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2013-040s:llegallour documents\ordinances1131chamberlain final offer ordinance.doc ORDINANCE NO. 2013-040 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO A 191 ACRE TRACT; (II) A UTILITY AND SLOPE EASEMENT ENCUMBERING 0.57 ACRE; AND (III) A DRAINAGE EASEMENT ENCUMBERING 0.02 ACRE; ALL TRACTS LOCATED IN THE JAMES EDMONSON SURVEY, ABSTRACT NUMBER 400, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY ON ROSELAWN DRIVE, 600 FEET EAST OF SOUTH BONNIE BRAE STREET (THE "PROPERTY INTERESTS"), FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A MUNICIPAL STREET AND ROADWAY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO (1) THE CHAMBERLAIN TRUST (THE "OWNER"); (2) SUCCESSORS IN INTEREST TO THE OWNER TO THE PROPERTY INTERESTS; OR (3) ANY OTHER OWNERS OF THE PROPERTY INTERESTS, AS MAY BE APPLICABLE, TO PURCHASE THE PROPERTY 1NTERESTS FOR THE PURCHASE PRICE OF SIXTY SIX THOUSAND FIVE HUNDRED AND NINETEEN DOLLARS AND NO CENTS ($66,519.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton made an initial offer to the Owner to purchase the Property Interests on June 13, 2012, pursuant to Ordinance No. 2012-131, passed and approved by the City Council of the City of Denton on June 5, 2012; WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Council finds that a public use and necessity exists, and that the public welfare and convenience require, the acquisition of the Property Interests by the City of Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition of the Property Interests is necessary for public use to provide street and roadway expansion and improvements to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The City Manager, or his designee, is hereby authorized to malce the final offer to (i) the Owner; (ii) any and all of Owner's successors in interest to the Property Interests; or (iii) any other parties who may own any interest in the Property Interests, as may be applicable, to purchase the Property Interests from the Owner, SECTION 3. The City Manager, or his designee, is hereby authorized to (a) execute for and on behalf of the City (i) the Agreement, by and between the City and Owner, or other owners of the Property Interests, as applicable, in the form attached hereto and made a part hereof as Exhibit "B", with a purchase price of $66,519.00 and other consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Agreement; and (b) to make expenditures in accordance with the terms of the Agreement. SECTION 4. The City Manager, or his designee, is directed, by certified mail, return receipt requested, to disclose to Owner any and all appraisal reports produced or acquired by the City relating specifically to the Owner's property and prepared in the 10 years preceding the date of the offer made by the Agreement. SECTION 5. The offer to Owner shall be made in accordance with a11 applicable law. 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 f i'�� day of t� a, 2013. ATTEST: JENNIFER WALTERS, CITY SECRETARY By: , APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: /" `E! . , < ,. ' - PAGE ! 0� 6 r 1 1 - �. .-�. � .�. �. _ � ,__, --... _ � � I� � 1� . . !! 1 �! 1 ,.,� : '� f �� . 0 JACK PAAKES ANII � � WIFE BE7TY PAfiKES � YoL. 6022, P0, 3436 o.A.o.c,r, � ' �° �y m �� > EXIS7YNG R.D.W. POINT �F � I J^, COMMENCING FFI� i/2'Iq/408! / � EXZSTING R�O.W� 5�44E C EXCEPT TRACT 1 JACK ARLYN PARKE9 V�L. �073 P0, l207 O�R.d.C,T. EXHLBIT "A" - to Ordinance (Property Interests) r� r?y"� g.�:'h�� . 2��1 p'r ,�, ,�;,� t�'°'•. ,,ys.: ;..:, THE CHAMBERLATN TRUST ' VOL . 4522, PG . S 336 o.R.O.C.T. b e� 2�s4�14" Ra2452.50' 7-55,02' La!l0.03' NO!'17'07"W Lc�110.02' � PROA09E� R,O.W. Nd5 '00'O4' 'DO 00'E � 21,92' 8. 49' .,..,, ..,.. �,,,, �, ��„ .,� . ALL PFOPERTY CORNERS AAE SET 1/2'IR/ + GAI CAP UNLESS OTHERWISE NOTED, NOTE: 5ET 1/2" i.p. W/ GAI CAP TO BE 5ET A7 EN❑ OF CONSTRUCTION. � SEEI 5HELT 2 I 1 � � Pa � 3 0 Q Q W - � , � a ar a Neg•ss�ss°w 9oo,os� gOSELA�PN DRIVE POINT OF (VARIABLE WIDTH R.O.W.y BEGINNING car-'Tfh/F2i—r.a�'— JACK ARLYN F'AHKES � VOL, 4073. P0. 1207 D.R��,C.T. I� � � BA5I5 OF BEARING IS NOR7H AMERICAN DATUM OF 1983 (NA�-83) STATE PLANE CODRbTNATE SY5TEM, TEXAS NQRTH CENTRAL, PARCEL 34-�OW-1 BEING A 83,338 SQ.FT./i..91 ACRE VARIABLE WIDTH RIGHT-OF-WAY DEDICATrON SZTUATED IN THE JAMES EDMONSON S�(JRVEY, ABSTRACm N0. 400, DENTON CQUNTY, TEXAS GRAPHIC SCALE i'�l00° 0 50 !00 150 � � Graham Associates,inc. � CONSUL7ING ENGlNEERS dc PLANNER5 eop sx F�A03 DRIVE, SUI7E 600 ARLINOTOH, TEXAS 76011 (E17) 640-663d TBPE"fiR1Ai°f^119t/1EPLS FlRA1; 101638-00 OATE: JULY 20�21 ��uenc4n/raq-nuw-� ,' PAGE 2 OF 6 f � � � 1 I — �l— . j 1 r i f i � � 3 �Q Aa ¢ 1 ~ 0 � 1 m� � �j 2 > 1 2925 9. 9�NNIE 9pAE ALFREU 0 BECKY CAMP IN57. N�. 2010-62292 O,R.o.C,T. �N89'85'12"W 19.64' FNO 6/e"Ip � � ��K` e. � �;>1�. ;: ;t��, �„ ^�f 't ��,�� G``°'� "'i � .r,,�' t,� • EXHIBIT "A" - to Ordinance (Properiy Interests) N�0'00'00" 6.64' THE CHAMBEALAIN TRUST UOL. 4522, PG. i336 o.R.o.c.r. ALL PROPERTY CORNERS ARE 5ET 1/2"IR/ GAI CAP UNLESS OTHERWISE NDTED. NOTE; 5ET i/2" I.R. W/ GAI CAP T❑ pE SET AT EN� OF CONSTRUCTTaN, A= 2'34'14" R�2547.50' 7�87.15' L=114.29' N01'i7'07"W Lc-i14.2B' .'��. C'�•� �'jf i n �r .k��.��.. ,�r:.T �,, ;r:. ,... � �:�? � '3'' HAROLN 4704�PGE51297C• � o,R.d.c,r. S89'55'12"E 95.00' i� 500'00'00"W SURVEI' LINE fi.5!' l , � . ' ' A� 2 °34' 1A" ' r/ / � I �'� 7A8950250, J�i ,i �; L�110.03' �•� S0!'17'07"E ..'�/� Lc-110.02' 1 ' ' %` ��-� THE �HAMBERLAIN TRUST �': ��.�,�.• �: VaL. 4522, P0. 1336 � , o.A.o.c,r. . ,; � � f PROPDSEO R�b.W. ��/��/ PROP�SEI] p.O�W. 7 , f; � � , r. � �i Q rn�% � /Im � i' J' a� i%• m _ ; :o�/ i �w : a'/ %O� � ' � • % �, ' ' •'' o :f ,a ,f� /� 'N Z � . � �,• �, SEE 5HEET i BASIS OF BEARING IS NORTH AMERTCAN ❑A7UM 4F 1983 (NAD-83) STATE PLANE CO�R�INAT� SYS7EM, TEXAS NDRTH CENTRAL. � PARCEL 34—ROW-� 1. BEING A . 83,338 SQ.FT.��.91 ACRE ` VARIABLE WIDTH RIGHT—QF--WAY DEDICAT�ON SiTUATED IN TIiE JAMES EDMONSOIV SURVEY, ABSTRACT N0. 40�, � DEN�'ON COUNTY, TEXAS Graham Associates,lnc.. . CONSUlTING ENGINEERS dc PLANNERS eao a�x Flacs orav�, sui� aoa %�RL]NATON,"TEXAS 76011 817) E4O—b636 TBPE FlRAIt F-1101/i8PL9 RMi 70fE38-00 � ORAPHIC 9CALE !'�io0' � 0 50 300 160 DATE: JULY 2011 _ i��._.,....�_. . aACe a oF s .� � � EXFIIBIT "A" - to Ordinance (Property Interests) ALL PROPERTY C�RNERS ARE SET 1/2"IR/ GAI CAP UNLESS.OTHERWISE NO7E�. NOTE: BErSET�ATIENO OF CON5TRUCT�ON. VARIABLE STTUATED BA5I5 OF BEARTNG TS NOR7H AMERICAN �ATUM OF 1983 (NAO-83)•STATE PLANE CDOROTNATE 5yS7EM, TEXAS NORTH CEN7RAL. PARCEL 34-ROW�1 BEING A 83,338 SQ.FT./1..91 ACRE WIDTH RIGHT-Ok'--iti'AY DEDICATION I1V THE JAMES EDMONSaN SU'RVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS OFAPHIC 9CALE S'-f00' 0 50 100 150 � Graham Associates,lnc. . CONSULT{NG �NGINEERS dc PLANNERS eoo s�x �as nwvE, su�re 6oa a,A11NCrori, "'r�fus •�eoN sf� a4o—sbas TBpE FlRMt F^11o1J'iBPLS RIAS iD1038-00 • QATE: JULY 2011 .1/nan4�nn/P34-PoW-1 ' . PAGE40F6 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-ROW-1 LEGAT. DESCRIPTION RTG�IT-OF-WAY DEDrCATION Being a 1.91 acre tract of land situated in the James Ldm;o�ison Survey, Abstract No. 400, Dentan County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 1.91 acre tract of land being more particularly described by metes and bounds as follows: COMM�N�ING •at•a fo�.�d °l/2 •ine� iron rod with 4SSI� eap;--bei�g� the•sout�.east corner of a�ract af Iand conveyed to Jack Parkes and wi�e Betty Parkes, as recorded in. Volume 5022, Page 3438, Deed Recards, Denton County, Texas, and being in the north line of a Save & Except Tract l, conveyed to Jack Arlyn Parkes, as recorded in Valurne �073, Page 1207, Deed Records, I7enton County, Texas, also being in the e�cisting west right- of-way line of Bonnie Brae Street (having a variable width R.O.W.); � 'I'HENCE North 77°59'07" East, leaving said e�isting west right-of-way line, for a distance o£ 189.79 feet to. a. set. l/2 inch ixon rad with GAZ cap for corner,. being the i'OINT OF BEGINNING, and being in the groposed norEh right-of-way line of Roselawn Drive �a variable width R.O.W.); THBNCE Nort1i 00°00'00" East, along said proposed north right-of-way tine, a distance of 8.49 feet to a set 1/2 inch iron rod with GAI cap for corn�er; THENCE South 90°00'fl0" East, continuing along said proposed north right-of-way line, for a distance of 337.00 feet to a set 1/2 inch iron rod with GA1 cap for eorner, being the most southerly point of� a corner-clip with the proposed west rig}it-of�way 1'ine of' said" Bonnie Brae Stre�t (a variable width R.�.W.); THENCE North 45°00'00" East, along said corner-clip, for a distance af 21.92 feet to a set 1/2 inch iron rod with GAI cap for corner, heing in said pro�osed west right-of-way line of Bonnie Brae Street; THENCE North 00°00'00" East, aJ.ong said proposed west right-of-way line, for a distance of 147.OQ £eet, tca,. a set_.112 inch i�on.rod- with: GAI aa� fo�. cc�rner,_.l�eing the beginiung oF a tangent curve to the left having a radius of 2452.50 feet, a central angla of 2°34'14" and a long chord which bears North O1°17'�7" West, 110.02 feet; THENCE notthwest�rly, alon� said proposed west right-of way line and said curve to the left, an arc distance of 110.03 feet to a set 1/2 in�.ch iron rod with GAI cap for corner; THENCE North 02°3A-'14" West, continuing along said proposed west right-c�f-way line, for a distance of 333.77 feet to a set 1/2 inch iron rod with GAI eap for corxier, being the begituling of a tangent curv� to the rigb.t ha�ving a radius of 2547.50 feet, a central angle of 2°34'14" arzd a long chord which bears North O1 °17'07" West, 1.14.28 feet; 0 ' EXII�IBIT "A" - to Ordinance (Properiy Interests) PAGE50F6 THENCE northwesterly, along said proposed west right�of-way line and said curve to the right, an arc distance of 114.29 feet to a set 1/2 inch iro� rod with GAI cap for corner; THENCE��Nort�h•°00?00'00"�-Eas#;��continuing�along sa:id�_�rfl�o�ed.w.est.right-.of-.way.line, far a distance of 6,64 feet to a set 1/2 inch iron rod with CAT cap for corner, being in the north line of said Chaz�berlain Trust tract, and from which a found 5/8 inch iron rod for the southeast corner of a tract of land conveyed by deed to Alfred and Beck Camp, as recorded in Tnstrument No. 2010-62292, Deed Records, Denton Coun.ty, T'exas, bears North 89°55'12" West, 19064 feet, sa.xd point also being in the south line of a tract of land con�eyed>�h� �dEed �ta-Harlan��P�rop�r-ties,-Inc.,-�as.xecor�led:.it1..3T.olurrie:4�04.., P.age .1297, Deed Records, Denton County, Texas; THENCE South 89°5S'12" East, leaving said proposed west right-of-way line and following along said north line an.d said south lzne, for a distance of 95.00 feet to a set 1/2 inch iron rod w�th GAI cap for corner, be�ng in the proposed east right-of way line of said Bonnie Brae Street; THENCE South 00°00'00" West, leaving said north line and following along� said propased east night-of-way line, for a distance of 6.51 feet to a set 1/2 inch iron rocl with GAI cap for corner, being the beginning of a tangent curve to the Left having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord wbach bears South O1°17'07" East,110.02 feet; T�ENCE southeasterly, a.long said proposed east right-of-way line ancl said curve to the left, an arc distance of 110.03 feet to a set 1/2 inch irott rod with GAT cap for c;omer; T�TENCE South 02°34'14" East, continui.ng along said �roposed east rigli.t-of way Yine, for a distance of 333,77 feet to a set 1/2 inch iron rod with GAI cap for cor�ner, being the beg-inning of a tangent curve to the right having a radius of 2547.50 feet, a centxal angle of 2°34'14" and a long chord whiehbears South Ol°17'07" East, 114.28 feet; THENCE southeasterly, along said proposed east right-of-way line and said curve to the right, an arc distance of 114.29 feet to a set 1/� inch iron rod with CrAI cap for corner; THENCE South, 00°00'00" West, con.tinui�g along said proposed east r�ght-of.vKa� liney�. for a distance of 136.00 �eet to a set 1l2 inch iron rod with GAI cap fbr corner,'being the most northerly point of a cornex-clip with the said proposed north right-of-way Iine of Roselawn Drive; THENCE Soutti 45°00'00" East, along said corner-alip, for a distance of 28.28 feet to a set 1/2 inch iron xod with GAI �ap for co;Kner, being in said proposed �ort1� rigb,�-o£ way, , line of Roselawn Drive; THENCE South 90°00'00" East, along said proposed north right-of-way Iit�e, for a distance of 432.50 feet to a set 1/2 inch iron rod w�th GAI cap for corner; . EXHIBIT "A" - to Ordinance (Properfy Interests) PAGEdOF6 THENCE South 00°00'00" West, continuing along sazd proposed north right-of way line, for a distance of 22.44 feet to a set 1/2 inch iron rod with GAI cap for corner, being in the existing north right-of-way line of said Roselawn Drive; THENCE Norkh 89°31'33" West, along said existing north �right-of-way line, for a distance of 900.03 feet to the POINT OF BEGINNINCr arid CONTAZNING 83,338 square feet or �.91 acres o£land, more or less. PAGE 1 0� 4 � 1 I � i �o �� ❑ N a �� ALFRE��&gB�CKY CAMP TNST. N0. 2010-62292 D.A.O.C.T. 1 I ,��, �� ,�� ` 5`��: . �� SB9'37'17 0.36' TFiE CHAMB�RI.AIN TRUST VOL. 4522, PG. 1336 O.R.D.C.T. N0o •00' 00"E 6.fi7' A- 2'34'14" R-P567.50' T�57.60' L�11B.19' N01'17'07"W Lc=115.98' PROP�SEO F.o.w NO2'34'14' 333,77' EXHIBTT "A" - to Ordinance (Property Interests) �'�+�`� � ��R�� ' � HA�OLN d704ERA0ES�1297C. CS.f1.0,C.T. POINT OF BEGINNING FNO B/B"IR S89'55' 12-"E ..19.64' •oo�oo°w 6.64' 0� 2'34'14" R-2547.80' T�57�36' L�114.29' 501'17'07"E Lia11A.2B' � i� p . �. SURVEY LINE ppOPO5E0 R.O,k. THE CHAMBERLATN 7RUST VOL. 4522, F'0. 1336 o�o I D.A.O.C.T. o�� a �902'34'1d"E .. ` 333�77' �� sE� s�E� 2 � BA5T9 aF BEARING IS NORTH AMERTCAN DA7UM OF i983 (NAO-63) 57ATE PLANE COORDINATE SYST�M, TEXAS NORTH CEN7RAL. PARCEL 34--USE-1 BEING A 14,425 SQ.FT./0.33 ACRE T�TILITY & SL4P.�� AS.�ME.NT - SITUATED IN THE JAMES ED�ONSON SURVEY, ABSTRACT NQ. 400, D�NTON COUNTY, TEXAS Grdhdm Associates,lnc. t�J CONSULTIHG SNGINEERS dc PLANNERS aoo stx Fuas ��v� sui� so4 IJZLINOTaN, 7EXA5 7e011 (e17) eA0-Ob36 'fHPE flf(Aii F^t1o1/iBPtS FiRMt 101038-00 n �RAPHIC SCALE !'�l00' Q 50 100 �50 DATE: DECEMBER �2011 J/Oenton1P34-USE-i ,. � PAGE 2 OF 4 � '�� °�� . �� 3� NO2'3d°14" 333.77' A- 2'34' i4, ��• q�2432,50' T-54. 67' `'` � .;.; N01017107"W �'� � Lc�i09. i2' � :, .,I rt . �' •� THE CHAMBERLAIN iRUST �•:• VOL , 4522, PG . 1336 �;: ; d.A.o.c.r, �;' PROPOSEO A.O.N. � N00 '00 ' 00 362.50' N90 °00'00 4.50' � � JACK ARLYN F'ARKES � VOL. 4073, PG. 1207 ' o.R.D,C.7. � � � EXHIBIT "A" - to Ordinance (Property Interests) s�� s�EET i `902'34' 14"E 333.77' .., . . � 's .. �� . �� a L= 2'34'14 R�2452.50° T=55.02' L�SiQ,03' SOi '17' 07" Lc=110,02' '00 00' 3�0o�oo°w - • ROSLi�A�PN DRIVE° � 21.92' (VARTAOI.E WTOTH R.O.W.) LONGHOAN COUN VOL 450,5 PG T 526 NDATION, INC. D:fi.U:'C': T. BASIS OF BEARING IS NOR7H AMERICAN nA7UM OF 1983 (NAD-B9) STATE PLANE COOROINATE 5Y57EM, TEXAS NORTH CENTRAL. PARCEL 34-USE-1 BE�NG A 14,�425 SQ.FT./0.33 ACRE �CJTILITY & SL�PE EASEMENT SITUATED IN THE �AMES EDMONSOIV SUR�EY; � � � ABSTRACT No. 4QO, � DENTON COUNTY, TEXAS � Grahdm Associafies,lno, � CON5ULTINO ENOINEERS dc PLAHNERS 000 SIX FLAOB bRIVE. 6UI7E 600 /,R�}ND3flH, TF.XA9 7C011 81'»:!'�S0-�B5."S1 '(8pE FIFIAS F-1191/TBP15 RIAt 101538-OG �RAPHIC BCALE !'-100' 0 50 SDO 150 DATE: OECEMSER`�011 � ��.,..�,.., /o7A_I ICF-1 � PAGE30P4 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-USE-1 LEGAL DESCRIPTTON SLOPE EASEMENT Being a 0,33 acre tract of land situated in�the James Edmonson Surve�, Abstract No. 400, Denton Cou.nty, Texas, bairig a po;rtion oiThe Chamberlain Trust, as recorded in Volurne 4522, Page 1336, Deed Records, Denton County, Texas. Said 0,33 acre tract of land being more particularly described by rnetes and bounds as follows: BEGII�TI�IINC at •a found �5/8 �inch. ir.on. rod.,•.being the southeast corner of a tract of land conveyed by deed to Alfred and Becky Camp, as z'ecorded in Instrument Na. 2010-62292, Deed Records, Denton Caunty, Texas, and the southwest comer of a tract of land. conveyed by deed to Harlan Properties, �nc., as recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, also being in the north line of said Chamberlain Trust tract; THENCE South 89°SS'12" East, along said north line of Chamberlain Trust �ract and the south line of said Harlan tract, for a distance of 19.64 feet to a point for corner, said point being the proposed west right-of-way line o�'Bonnie Brae Streei (a 95 foot R.O.W.); THENCE South 0�°00'00" West, leaving said nortli line an�. following along said proposed west right-of-way line, for a distance of 6.64 feet to a point for corner, being the beg7nning o�a tangent curve to.the left having a radius of 2547.50 feet, a ceniral angle of 2°34'14" and a long chord which bears Soutla O1 °17'07" East, 114.28 feet; THENCE sautheasterly, along said proposed west right-of way line and said tangent curve to the 1eft, an are distance of 114.29 feet to a point for corner; THENCE South 02°34'14" East, continuing along said proposed west right-�f-way line, for a distance of �33.77 faet to a point for corner, being the begixuiing of a tangent curve to the right having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears South 01 ° 17'07" East, 110.02 %et; � THENCE southeasterly, along said proposed west right-of-wa� line and said curva to the right, an arc distaz�ce of 110.03 feet to a point for corner;. . THENCE Sauth 00°a0'00" West, continuing along said proposed west right�of-way Iine, �or a distance of 1�7.00 feet to a point for eorner, being the most nortb.erly point of a comer-clip with the proposed north right-of-way line of Roselawn Arive (a variable vvidt� R.O.W.); � THENCE South 45°00'00" West, along said corner=clip,,for a distan.ce of 21:92 feet to a point for carnex, being in said proposed north �right-of=way lirie of said Roselawn Drive; THENCE North 90°00'00" West, along said proposed north xight-of-way line, for a distance of 4.50 feet to a point for corner; EXHIBIT "A" - to Ordinance (Property Interests) PAGE 4 OF �3 THENCE North 00°00'00" East, leaving said proposed north right-o£ way Line, for a distance o� 162.50 £eet to a point far corner, being the beginning of a tangent curve to the left havuig, a radius of 2432.50 feet, a central angle of 2°34'14" and a long chord which bearsNorth�01�°19'07" W�est,��109.X2 feet; . THENCE northwesterly, along said tanger�t curve to the left, an arc distance of 109.1� feet to a point for corne;r, T�TENCE North 02°34'14" West, for a distance of 333.77 feet to a point for corner, being the begi�nx�g-�of �a tange�t�•ourve to the right having a-radius of 2567.50 feet, a ce�niral angle of 2°34'14" and a long chord which bears North 01°17'07" West, 115.1 S feet; THENCE northwesterly, along said curve to the right, an arc distance of 115.19 feet to a point for corner; � THENCE North 00°00'40" East, for a distance of 6.67 feet to a point for carner, beizig iu the said north line of Chamberlain Trust tract; THENCE South 89°37'17" East, along said north line, for a distance of 0.36 feet to the I'O1NT OF BEGINNINCr and CONTAINING 14,425 squa�re feet or 0.33 acres of land, more ar 1ess. p3_�5--«- � . PAGE i OF 4 1 � I � 3 �o � 4 �4 � a �� 1 292fi B. 90NNLE BAAE ALFRm 8 BECKY CAHP INST. ND. 2050-82292 O,A.O.C.T. POINT�OF COMMENCING FNO 9/8"TR � t �� 5�a�� THE CHliMBERLAIN TRUST VOL. 4522, P�. 1336 O.R.D.C.T< EXHIBIT "A" - to Ordinance (Property �nterests) S89'S5' 12"E 314.6A' N00 •00' 00 6�51' . �� . . a�� HARLAN PHOPERTIEB, INC. YOL. 4704, P0, l297 �.R.�.C.T. POINT DF BEGINNING '55'12"E 5.04' '00'00'W BURVEY LINE 6.49' A- 2'3A' 14"—� ,�'��„ 2'34' 14' R�2452.60' R�2q37.50' T�55.02' �� 7�64.69' L-S10,03' �Y109,35' N01'i7'07"W S01'17'07"E Lc�i10.02' :;1 Lc�109.35' �`�. .�r � 3 ^ � . � ° m � �rti ¢ m '"' ° THE 'CHAMB�RLAIN T�tUST a �3 W VOL. 4522. PG. 5336 � � �� D.R,O.C,T. O� m` � a . N h� ,1N a�o � N \ ; .I, J sE� s�ET. a BASIS 4F BEARING TS NORTH AMERICAN QATUM OF 1983 (NA�-B3) STATE PLANE CODRDTNATE 5Y57EM, TEXAS NOR7H CENTRAL. PARCEL 34-USE-2 BE�NG A 10,621 SQ.FT./0.24 ACR��. � UTILITY & SLOPE EASEMENT SITUATED IN THE JAMES EDM�N'SON SURVEY, ABSTRACT N0. 4D0, DENTON COTJNTY, TEXAS � Graham Associates,lnc. � C4NSUL7ING �NGIMEERS �C PLANHERS eoo zX Fuas oa�V� surrE eoo -ARUNaroN,.tEXAS 7eot1 (at7 e4o-s53E ta� �R►�: �-t�at/iaP�.s fl , trn�aa-oo � •GAAPHIC SCALE !'-l00' 0 5� S00 150 DATE: DECEMBER "20�"1 I i In....4.... /O'.IA_I ICG�'9 . v/uc��i/� �r� vrr .. , PAGE 2 oF 4 THE Cl1AM8EFL.AIN 7RUST VOL. 4522, P0. l3�6 D.R.D.C.T. EXHIBIT "A" - to Ordinance (Property Interests) SEE SHEE'C � � ,,�W . ., , �, � � 3 m'� m 7HE CHAMBERLAIN TF1U5T � o�o VOI.. 4522, P(3. l,336 � Z y o.p.o.c.r. - o � v `y .� p�i �y p� 2'34' 14" . . •,1 ,:A•256Zr60' A� 2'34'14" � T=67.49' f1=2547.60' � L°114,96' Ta67.i5' `�`` S01'17'07"E � Lc�i14.85' r�iai�ii?o7�w � j 4c-ii4.2e� �� . °o'�.,lo � o m �• ., -+� � w ti D 3 � \.. � � N4 21 2.00 W� ROS�%A1fN D�iNE (VARTA;BCE"`WT�TH R,O.W.) " ' � JACK AqLYN�PARKEB i VO�. 4073 PG, 1207 O.R.[I.C.T. I � � LONOH6AN Cal1N VoL.45o B paUT B2�UNGATYON, INC. D.R.b.C.T� BA5IS OF BEARING IS NORTH AMERICAN �ATUM DF 1983 SNAD-B3) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARC�L 34-USE--� BEING A . 10,621 SQ.FT./0.24 ACRE° . UTILITY & SLOPE EASEMENT n SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRA.CT N0. 400, DENT�N COUNTY �'EXAS � � � GRAPHiC SCALE !'�l00' Graham Associates,lnc. 0 5o soo �50 � CONSULTINo ENGINEERS ac PUNNERS :: , eoo mx Fv.as oRivr suit� aoo ;utuNO�av,=�xa,s �eoi� (at�) e4o-essa OATE; DECEMBEFl 2011 TBPE FlFAt: F-11D1/19PL3 F1RMi 10163a-oo �/oanton/P34-USE-2 PAGE 3 OF 4 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-USE-2 LEGAL DESCRIPTiON SLOPE EASEMENT Being a 0.24 acre tract of land sztuated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trusi, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.24 acre tract of land being more particularly described by metes and bounds as follows: COMMENCIN�G a�t�a-fou:nd 51�$ ineh iron�rod;-being the southeast corner of a tract of land can�veyed by deed to Alfred and Becky Camp, as irecorded in Tnstnunent No. 2410-62292, Deed Records, Denton County, Texas, and tl�e snuthwest corner of a tract of land conveyed by deed to Harlan Properties, Inc., as recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, also being in the north line of said Claarnberlain Trust tract; � . THENCE Sauth 89°SS'12" East, along said north line of Chamberlain Trust tract and the south line of said Ha�'lan �raet, for a distaaace of 114:64�feet to a point for corner, being the pOINT.OF BEGINN�TG, and being in the pxoposed east right-of-way line of Bonnie Brae Streei (a 9� foot Ra<W.); THENCE Sauth 89°55'12" East, leaving said proposed east right-of-way line and continuing along said nvrth line, for a distance of 15.00 feet t� a point for eorner; THENCE South 00°00'00" West, leaving said north line, fox a distance of 6.49 feet to a point for corner, being the beginning of a tangent curve to the left having a radius of 2437,50 feet, a central angle of 2°34'14" and a long chord which bears Soutfi 01�17'07" East,109.3 5 �eet; THENCE southeasterly, along said curve to the left, an arc distance of 109.35 feet to a point for corner; � . ' THENC� South 02°34'14" �ast, for a distance of 333.77 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 2562.50 feet, a central angle of 2°�34'�4" an�-a �o�g ck�ozd which bears South 01°17'0�'�" Easty.l-.14�95: feei;�. THENCE southeasterly, alon;g said curve to the right, an arc distance Qf 11�.96 feet to a point for corner; THENCE South 00°00'04" West, for a distance of 151.00 feet to a point fvr corzaer, being in a coxner-cli�:<with:�aid proposed east right�oi way..,lat��.o£.��ranie Bxa�•. Sir.�et..�n.cl th�.., �. proposed nvrth right-of-way line of Roselawn Drive (a vaxiable width R.O.W.); THENCE North 45°00'00" West, al.ong said corner-clip, for a distance of 21.21 feet to a paint for corner, bexng in said proposed east right-of-way line of Bonnie Brae Sireet; , EXHIBIT "A" - to Ordinance (Property Interests) PAQE 4 OF 4 TF�ENCE North 00°00'00" East, along said proposed east right-o� way line, for a distar�ce of 136.00 feet to a point for corner, being the beginning of a tangent curve to the left having a radius of 2547.Sd feet, a centxal angle of 2°34'14" and a long chord which bears North O1 ° 17'�07" V�Jest; •-114:28 feet; THENCE northwesterly, alorig said pro�osed east right-oi way Iine and said cuzve to the left, an arc distatice of 114,29 feet to a��int for corner; THENCE North 02°34'14" West, contanuing along said proposed east right-o� vvay line, for a�distance o� 333.77 �f�et�•to-a:point for•cozx��r.;.bea�g,�#he..beginning of a tangent curve� to the right having a radius of 2452.5� feet, a central angle of 2°34'14" and a long chord which bears North O1 ° 17'07" West, 110.02 feet; THENCE nort�.r%vesterly, .along said proposed east right-af-t�vay line and said curve to the right, an arc distance of 110.03 feet to a point for carner; THENCE N'orth 00°00'00" East, for a distance of 6.51 feei to the POINT OF BEGINNING and CONTAINING 10,621 square feet or p.24 acres of land, more or less. 0 5'. y - •-"< <- � ,�. � PAGE 1 OF 2 , 1 , f i 1 .____------ .-I! � �' �, -- _� � 1 l 1 11 �o JACK PA(iKES AND � ¢ VOLF�5022TYPO�3436 � � o.A.a.�.r. � � �� N a � 4 EXISTLNG R,O.Ff. EXI9TIND R.O.N. Noo�oo�oa°e POINT DF s:as• COMMENCIN� �� FND i/2'IA/4661 _„�n7" s�.uF„s.,excerr. JACH ARLYN PARKES VOL. 1673, PG, l207 D.F.D.C.T. � EXHIBIT "A" - to Ordinance (Property Interests) �� ;�e� ��r � �� THE CHAM�ERLAIN TRUST VOL. d522, P�. 1336 • �.R,D.C.T, PROPO5E0 R,O.N� N9a'00'00"E � 25.00° "NOO r.d� �,�p�!.E,. i7.40' POTNT OF BEGINNING�� R� ROSELAi1N DRIV� (VAFIABLE WIOTH R.O,W.) H90 '00' 00"W 25.Ob' JACK -AHLYN fARKEB VOL. �1073, PG. 1207 O.R,O,C,7. � � � � �� 0 o� �� m �v O � � o- 00 - O o h . ,�., BASIS OF BEARING I5 NORTH AMERICAN �ATUM 0� 1983 (NAD—B3) STATE PLANE COORDINA7E SYSTEM, TEXAS NOFiTH CENTRAL, PARCEL 34—DE-- i , BEING A 425 SQ.FT./0.0 i ACRE � T?`Ft1��AGE E.ASE�MEI�`�°' SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS Graham Associates,lnc. . COFlSULTINQ ENGINEERS dt PLANNERS 60Q $IK FLAG6 �RIVE� SUIiE 3fl0 ARfJNGTON,., TEXAs 7eo11 (st7) eda=aa3e '� ` iHPE'FlRAft �F—t1D1/1HPLS FlRA(t 101630-00 � aRAPHIC BCALE i'-i00' • 0 50 10D 16� 'DA"fE: �' DECEMgEF! °20'11 � /f�'J I._1'1C_ A V/UQlll�/II/1 �+'+ v�. + Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-DE-1 LEGAL DESCRYPTION DRA.INAGE EASEMENT Being a 0.01 acre tract af land situated in the James Edmonson Survey, Abstract No. 400, Dentan County, Texas, being a portion of The Chambexlain Trust, as recorded in Voluxne 4522, Page 1336, Deed Recozds, Denton County, Texas. Said 0.01 acre tract of land being more particularly described by metes and bounds as follows: COMMEN�CIN.Gr,at ,a .found .I/2.inch.ir.on.xod..wifh .4�61 cap, being the southeast comer of a tract of land corive�ed to Jack Parkes and wife Betty Parkes, as recorded in Vo�ume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the north Iine of a Save & Except Tract 1, conveyed ta Jack Atlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton Cvunty, Texas, alsa being in the existing west right- of-way line of Bonnie Brae Street (having a variable vvidth R.O.W.); , THENCE Nort:h 77°59'd7" East, lea�ving said existing west right-of r�vay line, for a dis�ance of 189,79 feet to a point for corner, said point being in the..praposed no�th right- of-way line o�Roselawn Drive (a variatile width R.O.W.); THENCE North 00°00'00" East, along said proposed z�orth right-of=way line, a distance ' of 8.49 feet to a poznt for corner; THENGE North 90°00'00" East, continuing along said proposed north right-of-way Iine, for a distance of 307.48 feet to a point for corner, being the FOINT 4F BEGINNTNG; THENCE Narth 00°00'D0" East, leaving said' pr�pos�� nort�t ri�gh�t-of-way line�,� a distance of 17.OQ feet to a point for corner; ' THENCE North 90°00'00" Bast, a distance of 25,00 �eet to a point fox corne;r�, THENCE South 00°00'00" West, a distance of 17.00 £eet to a point for corner; � THENCE North 90°00'00° West, a distance of 25,00 feet to the POTNT O� BEGINNING and CONTAINING 425 square feet, 0,01 acres of land, mora or less. ;. ` � PAGE 1 OF 3 i � 1 , 1 / .___.—________!! ! !f 1 ��' 1 r� � 3 1 �¢O� f JACK PARKE9 ANO WIFE BETTY PARKES � VOL, 6U22 PQ, 9439 O.R.d.C,T. 3 0 �� tfi � a � .. EXISTIN� p,O�W. POiNT OF COMMENCING FNt1 1/2"IR/4681 0 �n7" � � EXHIBIT "A" - io Ordinance (Property Interests) , �� tl �' �� J� . 7HE CHAMBERLAYN TAUST VOL. 4522, PG, 1336 D.R.O.C.T. EXISTIkO R.�.w. PFDP09E0 R,O.W 1 � �� BAVE 9 FJ(CEF'T TRACT i JACK"ARCYN°PARK23' VOL. 4073, P0. SE07 O.R.O.C.T. i � . ROSELAl/N DRIVE (VARiABLE WIOTH R.O.W.) JAClC. AALYN= PAR!(6B„ VOL. 1073 P�. 1207 O.H.d.C.T. � � � � 3 � ¢ i� � m �� a �� F� � -�� BASIS DF BEARIN� IS NOFITH AMERICAN.DATUM OF 1983 (NAD-63) STATE PLANE CDORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34--DE-2 BEING A . � 500 SQ.FT./0.01 ACRE DRAYI�A��.. ��.�,��lE.I�T , ,,. SITUATED IN THE JAMES EDMONSON SU'RVEY, ABSTRACT N0. 40a, . AENTON C�TJNTY, TEXAS . � Graham Assoclates,lnc. � CONSULTING ENGINE�RS dt PLANNERS E00 SIX FL103 DRIVE, sUl1E S00 ARUNCTaN, TEXAS 7aot1 (e175 a�a--e6�6 'F8� FlRM1 •F-11B1/19PL9 FlRA( 1D1636-DO � ,� OFiAPHIC SCALE �'-!q0' 0 50 100 15D DATE:� DEEE�MBER.- 20_11 I _ n,�._��_., u�uon�ui��r��-u�- � , � + PAGE 2 �F 3 � � � 3 O Q ¢ c� • u, rn �V w . o a. 0 00 a °oo � • N O I O z e�f IH N00�2a��•e -- 19.23' � 589'3f'33"E 512� � �n THE CHAMBERLAIN TRUST VOL. 4522, PG. 1396 o,R.o.c.r. '.0,0 '..40.',',E 25.00' -SOQ'00'00"W 20.00' �o •oo�ooMw. PozNr aF eECZNn�YNe EXHIBIT "A" - to Ordinance (Property Inierests) J� �� . �a'�� 3� pR�PO5E0 R�O,W. R09ELAlfN DRIVE (VAFIABLE WI�TH R.O.W.) LONGHORN CGl1NCIL 90Y SCOUT FaUN0ATI0N, TNC. VOL.450. P6. 62fi O.R.O.C�T. BASIS 4F BEARTN6 IS NORTN AMERICAN dATUM OF 1983 (NAD-83) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34—DE--2 BEING A . 500 SQ.FT.�4.01 ACRE DRAINAGE EASEII�ENT SITUATED YN THE JAII+�ES EDMaNSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Graham Associates,lnc. ■ CONSULTIMG ENGINEERS dc PLANNERS aoo s�x Fucs oaiv�, sulre soo ,�uKCroN, �US �ao�� {ai�) a4a-ea�5 7HPE FlRIAt F-i1G1/i8PL3 �IRM� 1oltS3o-� n 6pAPHIC SCALE S'-100' 0 50 100 i50 �ATE: DECEMBE�1 �2011 - J/�enton/P34-DE-2 Page 3 of 3 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-DE-2 LEGAL DESCRIPTION DRA.TNAGE EASEIVTENT Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No. 40U, Denton County, Taxas, being a portion af The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.01 acxe tract of land being more particularly described �by metes and bounds as follows: COMMEN.CING at: a.£ound..112 inch iron rod.vu.ith. 4�G1._cap,.heing the.southeast corner of a tract of land conveyed to Jaok Parkes and wife Betty Parkes, as recarded in 'Volume 5022, Page 3438, Deed Records, Denton Caunty, Texas, and being �n the narth line of a Save & Except Tract l, conveyed to Jack Arlyn Parkes, as recorded in Volurne 4073, Page 1207, Deed Records, Denton County, Texas, also being in tha existing west right- of-way line of Bonnie Brae Street (having a variable width R.O.W.); ,, THENCE North 77°59'07" East, leaving said existing west right-of-way line, fax a distance of 189.79 feet ko a point for corner, said point being in the existing north right- of-way lin�°o�'�RosElawn��rive (a°�ari�ble��width R:O.W.}; THENCE South 89°31'33" East, along said existing north right-of-way line, a distance of 512.38 feet to a poixzt £ox �ome�, � THENCL No�t� 00°28'2Z" East; leaving said ex�sfir�� north right-of-way line, a distanc� o;� 19.23 feet to a point for corner, being the POINT QF BEGINNING, said point being in the praposed north right-of way li.ne of Roselawn. Drive (a variable width R.�.W.); THENCE North 00°00'00" East, leaving said proposed north right-of �vvay line, a tlistance of 20.00 feet to a point for corner; THENCE North 9�°0�'00" East, a distauce of 25,00 feet to a point far carner; THENCE South 00°00'00" West, a distance of 20.00 feet to a point for corner, said point being in the proposed north right-of-way line of said Roselawn Drive; THENCE North 90°�`00"-West, along said proposed r�ort�rrig�t-o#=v�ay°line;� � distance ��- of 25.00 feet to the POINT OF BEGINNING and CONTAINING 500 square feet, 0,01 acres of land, more or less. . PURCHASE AGREEMENT NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOV�, HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH �THERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. THIS PURCHASE AGREEMENT (the "Agreement") is dated �e�/7�O�I�'!� � , 2013, but effective as of the date provided below, between The Chamberlain Trust (referred to herein as "Owner") and the City of Denton, Texas ("City") WITNESSETH: WHEREAS, The Chamberlain Trust is the Owner of a tract of land (the "Land") in the James Edmonson Survey, Abstract Number 400, being affected by the public improvement project called the Bonnie Brae Road Widening and Improvements Project ("Project"); a.nd WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii) easements in, along, over, upon, under and across, a portion of the Land, each related to the Project; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions associated with the purchase of the necessary real property interests for the Project; NOW, THEREFORE, for Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. A. At Closing, the Owner shall grant, execute, and deliver to the City (i) a Special Warranty Deed (herein so called), conveying to the City, subject to the reservations described below, the tract of land being described in Exhibit "A" to that certain Special Warranty Deed, and other interests as prescribed therein (the "Fee Lands"), the Special Warranty Deed being attached hereto as Attachment 1 and made a part hereof; (ii) a Utility and Slope Easement (herein so called), in, along, upon, under, over and across the tracts of land being described in Exhibit "A" and Exhibit "B", respectively, to that certain Utility and Slope Easement (the "Utility and Slope Easement Lands"), attached hereto as Attachment 2 and made a part hereof, for utility and slope purposes, as more particularly described therein; and (iii) a Drainage Easement (herein so called), in, along, upon, under, over and across the tracts of land being described in Exhibit "A" and Exhibit "B", respectively, to that certain Drainage Easement (the "Drainage Easement Lands"), attached hereto as Attachment 3 and made a part hereof, for drainage purposes, as more particularly described therein (the Utility and Slope Easement Lands and the Drainage Easement Lands are collectively referred to herein as the "Easement Lands"). The (i) Special Warranty Deed shall be in the form and upon the terms as attached hereto and incorparated herein as "Attachment 1"; (ii) the Utility and Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as Attachment 2; and (iii) the Drainage Easement shall be in the form and upon the terms as attached hereto as Attachment 3 (the Utility and Slope Easement and the Drainage Easement axe collectively referred to herein as the "Easements") (the Fee Lands and the Easements are collectively referred to herein as the "Property"). B. Owner, subject to the limitation of such reservation made herein, shall reserve, for itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Fee Lands. Owner, its successors and assigns, shall not have the right to use or access the surface of the Fee Lands, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Fee Lands for the location of any well or drill sites, well bores, whether vertical or any 2 deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons, and shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Fee Lands; and (ii) all substances which are at or near the surface of the Fee Lands. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Fee Lands" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. 2. As consideration for the granting and conveying of the Fee Lands and the Easements to the City, the City shall pay to Owner at Closing the sum of Sixty Six Thousand Five Hundred and Nineteen and No/100 Dollars ($66,519.00). The monetary compensation prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation". 3. In addition to the Tota1 Monetary Compensation, and being a component part of the Project, the City shall reconstruct, at its sole cost and expense, that area of Owner's driveway within the Fee Lands. The driveway shall be reconstructed in a workmanlilce manner, using materials comparable to that of the existing driveway materials found. The worlc prescribed in this Section 3 is herein referred to as the "Driveway Work". 4. The Owner shall convey and grant to the City the Fee Lands and the Easements free and clear of all debts, liens and other encumbrances (the "Encumbrances"). The Owner shall assist and support satisfaction of all closing requirements of the City in relation to solicitation of 3 releases or subordinations of the Encumbrances and other curative efforts affecting the Fee Lands and/or Easement Lands, if necessary in the discretion of the City. In the event that all Encumbrances are not cured to the satisfaction of City prior to Closing, such shall not be a default hereunder, although Owner may otherwise be in default under Section 11, below. However, if the Encumbrances are not cured as provided herein, City has the option of either (i) waiving the defects related to the remaining Encumbrances by notice in writing to Owner on or prior to the Closing Date, upon which the remaining Encumbrances shall become Permitted Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement; or (ii) terminating this Agreement by notice in writing to Owner, in which latter event Owner and City shall have no further obligations under this Agreement. 5. Owner stipulates that the Total Monetary Compensation payment and the Driveway Work constitute and include all compensation due Owner by City related to the Project, including without limitation, any damage to or diminution in the value of the remainder of Owner's property caused by, incident to, or related to the Project, value of, damage to andlor costs of repair, replacement and/or relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of any kind within the Easement Lands and/or Fee Lands related to activities conducted pursuant to the Easements or City ownership of the Fee Lands, and interference with Owner's activities on the Easement Lands or other property interests of Owner, caused by or related to activities within the scope of the rights granted by the Easements, whether accruing now or hereafter, and Owner hereby releases for itself, its successors and assigns, the City, it's officers, employees, elected officials, agents and contractors from and against any and a11 claims it may have now or in the future, related to the herein described matters, events and/or damages. 6. The Closing (herein so called) sha11 occur in and through the office of Universal Title Agency, LLC, d!b/a Universal Land Title of Texas, 2650 Bardin Road, Suite 101, Grand Prairie, Texas 75052 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 90 days after the Effective Date, unless the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described 4 above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the next resulting business day. 7. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to the Owner through the Title Company. Ad valorem taxes relating to the Fee Lands for the calendar year in which Closing shall occur shall be prorated between Owner and City as of the Closing Date. If the actual amount of taxes for the calendar year in which Closing shall occur is not known as of the Closing Date, the proration shall be based on the amount of taxes due and payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The result of such proration is that the Owner shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to Closing) and City shall pay for those taxes attributable to the period commencing as of the Closing Date. All other typical, customary and standard closing costs associated with this transaction shall be paid specifically by the City, except for Owner's attorney's fees, if any, which shall be paid by Owner. 8. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this Agreement. 9.A. In the event Owner shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, City may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance. B. In the event City shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and opportunity to cure, Owner may, as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by written notice of such election to City; or (ii) enforce specific performance of this Agreement. 5 10. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE 1N DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 11. From and after the Effective Date of this Agreement, through and including the Closing Date, Owner shall not (i) convey or lease any interest in the Fee Lands or Easement Lands; or (ii) enter into any Agreement that will be binding upon the Fee Lands or Easement Lands, or upon the Owner with respect to the Fee Lands or Easement Lands, after the date of Closing. 12. Any notices prescribed or allowed hereunder to Owner or City shall be in writing and shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and shall be deemed delivered and received upon the earlier to occur of (a) the date provided if hand delivered or delivered by telephonic facsimile; and (b) on the date of deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: OWNER: The Chamberlain Trust 3900 Roselawn Drive Denton, Texas 76207 Phone Telecopy CITY: City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 �: Copies to: For Owner: For Citv: Telecopy: Richard Casner, First Assistant City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382-7923 13. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. Time is of the essence with respect to this Agreement. 14. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Special Warranty Deed and/or Easements. 15. In the event prior to the Closing Date, condemnation or eminent domain proceedings are threatened or initiated by any entity or party other than the City that might result in the taking of any portion of the Property, City may, at its election, terminate this Agreement at any time prior to Closing. 16. The Trustee(s) of The Chamberlain Trust (as used in this Section 16, the "TrusY') shall, on or before fifteen (15) days after the Effective Date, (i) deliver to City a true, correct and complete copy of the trust agreement of the Trust identifying the "true owner" of the Property; and (ii) identify the "true owner" of the Property to City, a11 in accordance with Section 2252.092 of the Texas Government Code. 17. Authority to take any actions that are to be, or may be, taken by City under this Agreement and/or Easements, including without limitation, adjusting the Closing Date of this Agreement, are hereby delegated by City, pursuant to action by the City Council of Denton, Texas, to Frank Payne, City Engineer of City, or his designee. 7 CITY OF DENTON, TEXAS By: GEORGE C. CAMPBELL, CITY MANAGER Date: J' , 2013 ATTEST: JENNIFER WAL BY: Date: �Y1A1►( APPR�VED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: Date: � �� , 2013 CARY OWNER: THE CHAMSERLAIN TRUST By: _ Name: Title: Date: E:3 2013 RECEIPT OF AGREEMENT BY TITLE COMPANY By its execution below, Title Company acicnowledges receipt of one (1) executed copy of this Agreement. Title Company agrees to comply with, and be bound by, the terms and provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Universal Title Agency, LLC d/b/a Universal Land Title of Texas 2650 Bardin Road, Suite 101 Grand Prairie, Texas 75052 Telephone: (972) 206-7570 Telecopy: (972) 206-2870 : Printed Name: Title: Contract receipt date: , 2013 �7 ATTACHMENT 1 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED STATE OF TEXAS , COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: That THE CHAMBERLAIN TRUST (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a ,Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED, SOLD and CONVEYED, and by these presents does GRANT, SELL and CONVEY, unto Grantee all the real property in Denton County, Texas being particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes, and being located in Denton County, Texas, together with any and all rights or interests of Grantor in and to adjacent streets, alleys and rights of way and together with all and singular the improvements and fixtures thereon and all other rights and appurtenances thereto (collectively, the "Properiy"). Grantor, subject to the limitation of such reservation made herein, reserves, for itself, its successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, its successors and assigns shall not have the right to use or access the surface of the Property, in any way, manner or form, in connection with or related to the reserved oil, gas, and other minerals and/or related to exploration and/or production of the oil, gas and other minerals reserved herein, including without limitation, use or access of the surface of the Property for the location of any well or drill sites, well bores, whether vertical or any deviation from vertical, water wells, pit areas, seismic activities, tanks or tank batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any kind or type in connection with or related to the reserved oil, gas and other minerals, and/or related to the exploration or production of same. As used herein, the term "minerals" shall include oil, gas and all associated hydrocarbons and shall exclude (i) all substances that any reasonable extraction, mining or other exploration and/or production method, operation, process or procedure would consume, deplete or destroy the surface of the Property; and (ii) all substances which are at or near the surface of the Property. The intent of the parties hereto is that the meaning of the term "minerals" as utilized herein, shall be in accordance with that set forth in Reed v. Wylie, 597 S.W.2d 743 (Tex. 1980). As used herein, the term "surface of the Property" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the su�face of the earth. Exceptions to conveyance and warranty: [Insert Permitted Exceptions] This Deed is subject to that certain Purchase Agreement, dated on or about 2013, by and between Grantor and Grantee. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belonging unto Grantee and Grantee's successors and assigns forever; and Grantor does hereby bind Grantor and Grantor's successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto Page 2 of 3 Grantee and Grantee's successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor, but not otherwise. EXECUTED the THE STATE OF TEXAS COUNTY OF DENTON day of 2013. THE CHAMBERLAIN TRUST By: Name: Title: ACKNOWLEDGMENT § § This instrument was acknowledged before me on 2013 by , as Trust. Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, Texas 76209 Page 3 of 3 of The Chamberlain Notary Public, State of Texas My commission expires: Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 , , ' � PAGE 1 OF B 1 � l .____�__---__ L �� . . r � � _ r JACK PARKES AND WSFE BETTY PAfiKE9 VOL. 9022, PG. 3A99 O,A.p.C.7. E1SI5TTNG F.O.W POIN7 OF � COMMENCIN( FNO !/2"IR/486! :� ' „� � f �� iQ . 3 �° � t� � � � � EXI3TINQ R.O�W� � �� .�� y.p1'' � ,�tj'��' f��i;�. �;1 : � r� ,,�a' ` . a THE CHAM6EF;l.ATN TRUST 'VOL. 4522, PG. 1336 D.R.D.C.T. N00'00'DO'E e.as� POI B�G SET : aAYE,&. EXCEPT . TRACT f JACK ARLYN PARKE9 VOL, 4073 PG. l207 o.a.d.c,r. ALL PR�PERTY CORNERS ARE SE7 4/2"IR/ GAI CAP UNLE55 O7HERWISE NOTEO. NOTE; 5ET i/2°' T, FI. W/ GAI CAP TO BE SET A7 END OF CONSTPUCTION. PpOpD9ED R�0 ,��„� „-, ��, EXHIBIT "A" - Page 1 of 6 SEE_ S1�EET 2 � � . s � � e� e•34��a° ��2asa.5a� � T-55,.02' L�110.03' N01'!7'07'W' Lc-110.02' N45 '00' 00" 2�.92' u � � � �g ¢ f� � � m 0 0 ° a . � � � a NBg'3i'33"W 90a.03' �qSELA�PN DRIVE (VARIABLE WID7H A.O.W.) `F.e�" JACK ARLYN PARKE6 V4L. p R 3d. C T. 1207 � r � BASIS OF BEARING IS NORTH AMERICAN OATUM OF 1983 iNAl7-831 STATE PLANE COORDTNATE 5YSTEM, TEXAS NORTH CENTAAL. PARCEL 34—ROW--i BEING A � 83,338 SQ.FT./1.91 ACRE VARIAH�E WIDTH RIGHT-0�'—WA� DEDTCATrOrI' SYTUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N'�. �OD, DENTON CQUNTY, TEXAS pAAPHIC 5CALE �•-ioo� 0 50 S00 150 � � Graham Associates,lnc, ■ CONSULTING EN�INEERS �t PIANNERS Qo0 5X FLA05 DRIV� SUITE 600 ►�uNCTON,.'r�XAS �ao1f Ca17 a4c—ea3s 1APE FlRMs F'-11p1/iBPl,S FlR : 101638—Do ''�ATE: JULY �2011 I u/ uc�i....ni, .,�. ...... . PAGE 2 OF B I i � � I ' .� i � I J: i l I 3 �Q W¢ � ~ �o � � �� J �� j 1 2926 9. 9aNNIE BRAE ALFAEO 8 BECKY CAMP IN6T. N0. 20i0-6229E D,H.O.C.T. -N89'85'l2"W ^19.64' FNO 8/9'IR � � ��, �i.�� .�.'i ., �,_ ��}��rn��. ��`" F� �;�. N00'00' 00"E 6.64' TH� CNAMBEl�LAIN TRUST VOL. 4522, PG, i33fi D.R.D.C.T. ALL PROPERTY CORNEAS ARE SET 1/2"IR/ GAT CAP UNLESS OTHERWISE NOTEI]. NDTE: BETSET2ATIENQ�OF CONS7RUCT�ON. A= 2'3d'14" R-2547,60' 7=57,15' L�114.29' No�•t7�o�•w Lc�ii4.26' EXHIBIT "A" - Page 2 of 6 � f+�(, .'%��t,W.a .� � �'ti ^: . �f i • �.'SR �i �. F4 - . i .`�� •�.. . i i..' ��V•h. i}e: ,.'�(`� f ` ' e' . �� NAVOLN 470d�PG�6i297c� D.R.�.C.T. 589 '55' 12" ea.00' / 500'00'00"W SURVEY LINE 6.51' �. . � ' � Gm 2'34'14" ',� / � T4565025a %�/.;� I f�, L=110,03' �+ 501'!7'07"E � % �: �� Lc=110.Q2' i ' �'�' � �-' THE CHAM6ERLAiN TRU57 i': �• VOL. 4522, PG. 1336 .f � D.R.�.C.T. � ,/ / 3 � � PFOPO5E0 R,O.W. �` PROPOSEO p.O.W. ;�% �Q� ,� ,: m / f �Q�I'� %/i i� m m •`j tjj " � � , m, . z �, ,o`/ �f w �' ��'a� ' ' �� ,,��, i %. ;n !� a+ � ,, " . � �m °x / � : o � f rn ,SEP SHEET ! BASIS OF BEARTNG iS NORTH AMERICAN DA7UM OF 1983 (NAD-B3) S7ATE PLANE CdORDINATE 5YSTEM, TEXAS NDRTH CEN7RAL. - PARCEL 34—ROW— � � BEING A � 83,338 SQ.FT./�.91 .ACRE VARIABLE WIDTH RIGHT—OF'—WAY 0 E SURV Y SITiJATED IN TI�E JA1bIES EDMONS N � � ABSTRACT Na. 400, � DENT�N COUNTY, TEXAS CON9UL�TINO ENGINE�RS, dct PL4NNEa's � ... � 000 9X F7J1G5 DRIV� SUITE 600 �A�eutJOfitkl;��xAS �eo11 (81� 6��'6 18PE FlRAIi F-riet/tsPts Flr�� olaaa-oo ORAPHIC SCALE 1'�500' 0 50 100 150 t]ATE: JUL'Y '2171`1 .��nanton/P34-Row-1 . PAGE 3 OF 6 I SE r5 ,HEET 2 �.� . �, . ._ � 'w v ., .' v �m N • o N � , VJ' ' .� � � . � �. � O 6 . � �n o ,� m o � a 3 , �. a a o . o ,' o .- o ;i � �' ' � f. L�114.29' S01'i7'07'E Lc=114.26' iHE CHAMBERLAIN TRUST VOL. 4522, PG. 1336 D.A.d.C.T. s°oo�oo•e ze.ze� �e / A ` ,� ROSELAIYN ARIVE (VARIABLE WIDTH R.O.W.) !; '00'00"E 432.50' ',,�'. '// . ,/ � J N99'3�'33"W 900.03° LONOHOqN COUNCIL BOY SCOUT FOUN�ATION, INC, ' VOL�4�J0 P0, 829 D.R.b:C.i. ALL PFDPERTY CORNERS ARE 5ET 1/2"TR/ GAI CAP UNLESS OTHERWISE NOTEO. NOTE: SET l/2" I.R. W/ GAI CAP TO BE S�T AT END OF GONSTRUCTION. EXffiBIT "A" - Page 3 of 6 .� td' r% +;�. �fi �.(�*. ��,�� tA �{� . s f�} • ��j�� " :'�� J � � � pii0PO5E0 R�O.W. 1 / ;. 90 22 44 ��W �/•i/�. /. . BASIS D� BEARING x5 NORTH AMERICAN DATUM OF 1983 (NAD-83)•57ATE PLANE COORDINATE SYSTEM, TEXAS NOR7H CENTRAL. PARCEL 34-ROtiV�-1 BEING A , 83,338 SQ.FT.%i.9�: ACR�' VARIAHLE WIDTH RIGHT-�F'-WAY DEDICATION �ITXTATED YN THE JAMES EAMONS{�N SU'RVEY, � ABSTRACT N0, 400, DEIVTON C4UNTY, TEXAS Grahpm Associates,lnc. . CONSl1LTING ENGINEERS dc PLANNERS eoo s�x Fuos owvE. suits aoa- ._ ;c�au,uara+,'�xns �aoit (a�r a4c—e�s 18pE flRM� f'-11C1/'TBPL4 Fl 10103E-�00 GRAPHIO SCA�E !'-l00' 0 50 !DO 150 • QATE: JULY 2011 �/uencan�ray-n�w-, PAGE 4 OF 6 PARCEL 34-ROW-1 L��AL bESCRIPTION' RIGHT-O�'-WAY D�DICATYON EXHIBIT "A" - Page 4 of 6 Being a 1.91 acre tract of Iand situated in the James Edmonson Survey, Abs�ract No. 400, Denton County, Texas, being a portion of The Chambexlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Dentan Counry, Texas. Said 1.91 acre tract of land being more particularly described by metes an.d bounds as follows: COIv1IVILN�T�tCi'at °a":�ound �l/2�in�h°�ron rod with~4561 �ca�,�b�i�ng-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 narth line oia Save & Except Tract 1, conveyed to Jack Arlyn Parkes, as recorded in Volwme 4073, Page 1207, Deed Records, Denton Co�anty, Texas, also being in ihe existing west right- of-way line of Bonnie Brae Street (having a variable width R.�.W.); � THENCE North 77°S9'07" East, lea�ving said existing west right-o� way line, for a distance of 189.79 feet to a set 1/2 inch iron rod with GAI cap for cornez•, be�ng the POINT OF BEGINNTNG, and being in the proposed north right-of way line of Roselawn Drive (a variab�e w�dtti R.o.W.); THENCE North 00°00'00" East, along said proposed north right-of-way line, a distance oi 8.49 feet fo a set l/2 inch iron rod with CAi cap �or corner; THENCE South 90°00'00" East, continuing along said praposed north right-af way line, for a distance o� 337.00 feet to a set 1/2 inch iron rod with GA� cap for corner, being the most southerly point �f a corner-clip with the proposed west right-of wa.y line of said Bonnie Brae Street (a variable width R,O.W,); THENCE North 45°00'QO" East, along said eorner--clip, for a distance of 21.92 %et to a set 1/2 inch iron rod with GAI cap for corner, being in said proposed west right-of-way line of Bonni.e Brae Sfreet; THENCE North 00°00'00" East, along s�id proposed west right-of-way line, %r a distance of 147.00 feet to a set 1/2 inch iron rod with GAI cap for corner, bBing the��- begirming of a tangent curve to tha left having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears North O1°17'07" West, 110.02 feet; THENCE northwesterly, along said proposed west right-of=way line and said curve to the left, an arc distanee of 110.03 feet to a set 1/2 inch izon rod with GAI cap for corner; THENCE North 02°34'14" West, continuing along said proposed west right-of-way �line, for a distance of 333.7T feet to a set 1/2 inch iron rod with GAI cap for corzier, being the beginning of a tangent curve to the right having a radius of 2547.50 feet, a central angle of 2°34'14" and a long chord which bears North O1°17'07" �est, 114.28 feet; EXHIBIT "A" - Page 5 of 6 PAG� 5 OF 6 THENCE northwesterly, along said proposed west right-of-way line and said curve to the right, an arc distance of 114.29 feet to a set 1l2 incb iron rod with GAI cap for corner; 3'HENCE-Nuxth°�0°00'00" East, conti:nuing•�].ong-said proposed west nght-of-way line, for�a distance of 6.64 feet to a set 1/2 inch iron rod with GAY cap for corner, being in the z�orth line of said �hamberlazn Trust traci, and from which a£ound 5/8 inch iron rod for the southeast corner of a tract of land conveyed by deed to Alfred and Beck Camp, as recorded in Instzument No. 2010-62292, Deed Records, Denton County, Texas, bears Narth 89°55'12" West, 19.64 feet, said point also being in the south line of a�ract of land con�eyed by •deed��Eo Harlan Properties,�-��z�c:; ��as r�carded in "Volume 4704, 1'age 1297, Deed Records, Denton Couniy, Texas; THENCE South 89°55'12" East, leaving said proposed �vest right-of-way line and following along said �north line and said south line, for a disiance of 95.00 feet to a set 1/2 inch iron rod with GAI cap for corner, bei.ng in tha proposed east right-of way line of said Bonnie Brae Street; THENCE South 00°00'QO" West, leavin�g said north line and following along said proposed east right-of-way line, for a distance of b.51 feet to a set 1/2 inch izon rod with GAI cap for corner, benag the beginning of a tangent curve to the left haviz�g a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears South O1°17'07" East, 110,02 feet; THENCE southeasterly, along said proposed east right-of-way line and said curve to the left, an arc distance of 110.03 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South 02°34'14" East, continuing along said proposed east righ�-of-way line; for a distance of 333.77 feet to a set 1/2 inch iron rod with GAI cap for corner, being the begirming of a tangent curve to the right havitzg a radius of 2547.SQ feet, a central angle of 2°34'14" and a iong chord which bears South O1°17'07" East,, l 14.28 feet; TI�ENCE southeaster�y, aXong said proposed east right-of-way line and said curve to the right, an arc distance of 114.29 feet to a set 1/2 inch iron rod wi�b. GAI cap %r corner; THENCE South DO°00'00" West, continuing along said proposed east right-aivu.ay line,_. for a distance of 136.00 �eet to a set 1/2 inch iron rod with GAI cap for conc�er, being the most northerly point of a corner-clip with the said proposed north right-of-way line of Roselawn Drive; THENCE South 45°00'00" East, along said corner-clip, for a distance oi 28.28 feet to a. set �/2 inch iron rod with GAI cap for corner, being in said proposed north right-of-waX, line of Roselawn Drive; THENCE South 94°DO'00" East, along said proposed north right-of-way line, for a distance of 432.54 feet to a set 1/2 inch ixon rod with GAI cap for corner; EXHIBIT "A" - Page 6 of 6 PAG& 6 O� 6 TI�ENCE South 00°00'00" West, continuing along said proposed north right-�f-rvay line, for a distance of 22.4�- �eet to a set 1/2 i.nc� iror� rod with GAT cap for corner, being in the exist�ng north right-of-way line of said Roselawn 17rive, THENCE North 89°31'33" West, along said existing north ri�.it=of-way line, for a distance of 900.03 feet to the P�INT OF BEGINNING arid CONTAINING 83,338 square feet or 1.91 acres o£land, more or less. - ATTACHMENT 2 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. UTILITY AND SLOPE EASEMENT THE STATE OF TEXAS . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT The Chamberlain Trust ("Grantor"), whose mailing address is 3900 Roselawn Drive, Denton, Texas 76207, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acicnowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual utility and slope easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the James Edmonson Survey, Abstract Number 400, to wit: PROPERTY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B", RESPECTIVELY, ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining utilities and lateral slope, and related facilities and appurtenances, in, along, upon, under, over and across said Property, including without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, worlcmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said facilities and/or lateral slope features or grade or any part thereof. This Easement is subject to the following covenants and agreements: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acknowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any lcind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope, including without limitation, excavation or movement of soil or other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may encroach or overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the covenants and restrictions contained herein, to make use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein sha11 constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. 2 Witness my hand, this the Grantor: day of THE CHAMBERLAIN TRUST By: _ Name: Title: THE STATE OF TEXAS COUNTY OF DENTON § � ACKNOWLEDGMENT This instrument was acknowledged before me on , as AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 3 2013. of The Chamberlain Trust. Notary Public, State of Texas My commission expires: 2013 by PAGE 1 OF 4 � 1 � � ^ j �a i �� x O -wi � �� ALFRE��&88ECKY CAMP INST. Na. 2010-62292 D.A.O.C.T. � 1 ' �a �� ' . �� ,�� 589'37'17 0.36' THE CHAMeERLAIN TRUST VOL. 4522, PG. 1338 D.R.O.C.T. N00 '00 ° 00" 6.67' R��5674504Y T=57,60' L-115�19' N01'17'07"W Lc-ii5.i8' PHOPWEO q.O.W. NO2'34'!4"W 333.77' EXHIBIT "A" - Page 1, of 4 �� '� ��. ��. ��V�' � HAVOLN 4704�pPGESi297C. D.R.O.C.T. POINT OF BEGINNING FNO 5/e"IR 589'fi9'12"E 19.64' -500 '00' 00"W 6.64' -p� 2'34'14" R-2547�50' T-57.15' L-l14.29' S01'17'07"E Lc�114.28' O � . � o a �pROPO5E1] R,O.W� 9UpYEY LINE TH� CHAMBERLAIN TRUST I VOL. 452P, PG. 1336 �� I D.R.D.C.T. o� j a � ,,.�p2.,3�4��,1.,y,1�:, .., 333,77' SEE SHEET 2 • BASIS 0� BEARING IS NORTH AMERICAN DATUM 5YSTEM3 TEXASBNOR7HACENTRAL� COOROINATE PARCEL 34--USE� 1 BEING A 14,425 SQ.k'T./0.33 ACRE UTILITY & SLOPE EASEIV�ENT S�TUATEA IN T�3E J.AMES EDMONSON SURVEY', ABSTRA.CT N0. 400, DENTON C0�(TNTY, TEXA.S Graham Associdtes,inc. . CONSULTING ENGINEERS �C f'LANNERS eoo s�x Fuca o�tv�. swts 600 I,FiuHO7oN, 'iEXAS 7aat� (e17) e4o-96ss TBPE FlRMi F-1191/T9PL9 FIRMi 1016J6-00 n �RAPHIC SCALE !'�500' 0 50 !OD 150 DATE: OECEMBER •�2011 I J/�enton/P34-USE-1 . PAGE 2 OF 4 � �+_ �� . f��' �' Ci' i�� y� NO2'3d' 14"W I 1,\, 333.77' �I.�\; 1\� ��*'- A= 2'34'i4" p-zasa.so� T�54,67' L-109.i3' NO!•17'o7"W Lc�SA9.i2' THE CHAMBERLATN 7RUST VOL, 4522, PG. 1336 Q.R.O.C.T� PAOPO5E� R.O.H. N00'00'00' 162.50' � ' N90'00' 4.50 � � JACK ARLYN PARKES � VOL. 4073, PG. 1207 � ❑ . R.•0„ C,.7 . I. � � SEE SHEET 1 �14"E � r. _� :� 0 8 d ��rn O� a \.. LG=._2•'39'.SA I�`� R=2452.50' (,,�. T=55.02' . Ld110.03' ' SOi'17'07" �;��. Lc=!l0.02' I;'`. 0 '00' 00 l47.00' EXHIBIT "A" - Page 2 of 4 s •ao �oa�w- ROS�LA.wN'DRIVE , 2�'92 (VARTA6LE WT�TH R.O.W.) LONOHORN CD�N VOL 4 0 S p�UT 52fiUNDATTON. INC. 0".A'.�I:C,T: BASIS oF eEARING IS NORTH AMERICAN qA7UM OF 1983 (NAD-B3) STATE PLANE COOROINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34--USE-i BEXNG A 14,�425 SQ.�'T./0.33 ACRE UTILXTY & SLOPE �ASEMENT SITUATED IN THE JAMES EDMONSOI�' 5�7��Y�,� � � ABSTRACT Na. 400, n DENTON' COUNT�Y, TE�A.S � Graharn Associates,lnc. . CoNSULTiNG ENGINEERS dt PLANNEItS eoo stx �.noa oai�. su�� aoo -�LNOro�, •e�sc�s �eolt �et'� e.w-ea3a THAE FlRIA7 F-tfol/THPLS RAIi 101E38-60 �RAPHIC SCAtE S'-da0' 0 50 700 150 DATE: �ECEM6ER 2011 I _ .��. ��_. � PAGE 3 OF 4 PARCEL 34-USE-1 LEGAL DESCRIPT70N SLOPE EASEMENT EXHIBIT "A'!,- P.ag�,3,o£.4 Being a 0.33 acz�e tract of land situated in�the Jarnes Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion oiThe Chamberlain Tzust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.33 acra tract oF lanct being more partxcularly described by metes and bounds as follows: � BE��F�IG at �a found S/8 inch iron rod, �being,-the southeast corner of a t;ract af land conveyed by deed t� A1fred and Becky Camp, as recorded in Instrument No. 2010-62292, Deed Records, Denton County, Texas, and the southwest comer of a tract af land conveyed by deed to Harlan Properties, Inc., as recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, also being in the north line of said Chamberlain Trust tract; THENCE Svufih 89°55'12" East, along said north line of Chamberlain Trust tract and the south line of sazd Harla�n tract, for a distance of 19:64 feet ta a point €or corner, said poin.t being the proposed west right-of way line of Bonnie Brae Street (a 95 foot R.O.W.); T�iENCE South 00°00'00" West, leaving said n.orth line an� following along said proposed west right-of-way Iine, for a distan.ce of 6.64 feet to a point for corner, being the beQ nning,of a tangent curve to,the left having.a xadius of 2547.50 feet, a central angle of 2°34'I4" and a long chord which bears South O1°17'07" East, 114,28 feet; THENCE sontheasterly, along said propased west zight-of-way line an.d said tangent curve to the left, an arc distance of 114.29 feet to a poi�.t for corner; THENCE South 02°34'14" East, continuing along said proposed west�right-of-way line, for a distance of 333,77 feet to a point for corner, being the beginning of a tangent curve to the rigfit having a radius of 2452.50 feet, a central angle of 2°34'14" and a Iong chord wlaichbears South0l°17'07" East, 110.02 feet; THENCE southeasterly, along said prflposed west right-of-way line and said curve to the right, an arc°distance of 110.03 feet to a point for ��rrr��r; THENCE South 00°00'00" West, continuing along said proposed west �.ght-of-way 1iz�.e, �or a distance of 1�7.00 feet to a point for corner, being the most northerly pbint of a cornex-clip with the proposed north right-of-way line of �toselawn Drive (a variable vvidth R.O.W.); � THENCE South 45°00'00" West, along said corner=clip,.for a distance of 21.92 feet to a poant for corner, be�ng in said proposed north right-of-way lirie of said Roselawn Drive; THENCE North 90°00'00" West, along said proposed �ozth right-of-wa� Iine, for a disfance of 4.50 feet to a�oin.t for corner; ` PAGE 4 OF 4 EXHIBIT "A" � Page 4 of 4 THENCE North 00°00'40" East, leaving said proposed north right�o£ way line, for a distance of 162.50 feet to a point for corner, being the beginning of a tangeni curve to the left having a radius of 2432.50 feet, a central angl� of 2°34'14" and a long choxd which bear•s North•O1°�17`0?"�West,•1•{��:�1'2' feet; T�IENCE northwesterly, along said tangent curve to the left, an arc distance of 109.13 feet to a point for coxner; THENCE North 02°34'14" West, for a distance of 333.77 feet to a point for corner, being the :begi.nning,�caf,�a .tasa�.ent:.cur��e. xo . the.,.right .ha��ing -.a xadius .oi 2�67.50...feet, a central angle of 2°34'14" and along chvrd which bears North Ol°17'07" Wesi, 115.18 feet; THENCE northwesterly, along said curve to fihe right, an arc distance of 115.19 feet to a �aint for comer; THENCE North QO°00'00" East, for a distance of 6.67 feet to a point for carner, being in the said norkh line of Chamberlain Trust tract; THEN�E Sou�h 89°3�'17" East, a�ong�said nort]i'line, �o�' a�istance of 0.35 feet to the POTNT OF BEGINN'iNG and CONTAINING 14,425 squaz�e feet or 0.33 acres of land, more or less. o3_iy_��. � , , b � PAGE i OF 4 I 1 � ' � ^ � � O �R � �� o � ai � � 2929 5, 90NNIE BRAE ALFFlED 8 BECKY CAMP IN9T. N0, 20i0-82292 o.R.o,c.r. POINT•OF COMMENCING FNO 8/8"IR I I � I � o��' ��• �� THE CHAMBERLAIN TAUST VOL. 45h22, rP�C�. 1336 0. f1.0.1da T� S89'65'!2" ii4.84' N0o'tl�'00" 6,51' EXHIBIT ,!'I�.'..'.,- �age,1 af.4 �,��Or" ��• . � �� HARLAN PROpEFTTE9, INC. YOL. 4704, P0. �287 O.R.O.C.T. POINT OF BEGINNING S89 '55''i'2"E 15.tl0' -S00'00'O6"W BUPVEY LINE 8.49' �= 2°34'!4", ,'��- 2'34'14" R�2452.fi0' R-2437.50' Tr66.a2' :• Tr54.69' L�110.03' '� ��109,35' N01'17'07"W .. � S01'17'07"E L��i10.D2' •\ Le�109.35' `�.�. � � n�� . � ° m � m. � `� "' THE CHAMBERLAIN TAUST o�? W YOL, 4522, P0. 1336 � ��H D.R.�.C.T. �� VI, m a . o��yo z y w ;�,. . SE� SHEET 2 BASIS OF BEARING I5 NORTH AMERTCAN DATUM OF 1983 INA�-83) STATE PLANE COORbTNATE 5Y5TEM, T�XAS NORTH CENTRAL. PARCEL 34-USE�-2 BE�NG A 10;621 SQ.FT./0.24 -�ACRE� . UTILITY & SLOPE EASEMENT SITUATED IN' THE JAMES EDMOI�TSON SURVEY, AHSTRACT NQ. 400, DENTO�T COUNTY, TEXAS � GrQham Assaciates�lnc. . CONSUL7ING �NGlNE�RS dc PLANNERS eoo Six tUas oR14E. suI7E aoo • #tWNOTa1.,7EXAS 7eo11 fet� E4a-e53a i iHF� FlRN� F-1101/i6Pl-5 flR e 101638-00 •GAAPHIC SCALE 3'-!OO' D 50 !00 160 DATE: �� D�CEMBER 2011 � . i InAnf nn /P3d-L15E-2 PAGE 2 OF 4 ' SEE SfiEEm 1 � ��:�. _ �,�� THE CHAMBERLAIN TRUST VOL. 4522, pG. 1338 D.R.D.C.T. �i �' `Iu � 3 RI �'\ f ❑ N \�1 i , �°C z �� m `:� W O � � �� A� 8'34' 14' ,�;! R=25A7.fi0' T-57.15' l'1i4.29' .�� N01'��o�•w Lc-i14_26' \ � o''.•lo � � � �� W �' O 3 O` O o ��_ o Q o� � o ,!o Z.� � N / NA5'00'00"W-� 21,24' ROSE�IYN DBNE (VARIABLE WIOTH R,O.W,) � I JACK 1�RLYN PARKE9 I VOL. 4073, PG. 1207 I �,R�O.C.T. I � I EXI3LBIT "B" - Page 2 of 4 TtiE CHAMeERLAIN TRUST VOL, a5�2, P�. 1336 D.R.O,C.T. A� 2'34'id' p-2562.50' T=67.49' L�S1A,96' 5D1'i7'07"E LC�114.95' LaNOHORN CouNciL BtlY"SCOUT FouNpA7IoN, iNC. VOL�d60 PG. 626 o.a.b.c,r. OF53983F(NADp63) 6TATEpPLANE�CQORDTNATEM SY5TEM, 7EXAS NORTH CENTRAL. PARCEL 34-USE-2 BEING A . 10,62i SQ.FT./0.24 ACRE . ,. � UTILITY & SLOPE EASEMENT SITUATED IN THE JAMES EDIVXONSON SURVEY, ABSTRACT N0. 400, DENTON C�UNTY, TEXAS � � fiRAPHIC SCALE !'-!oo' � Graham Associates,lnca o �o soo �50 � CONSULTlNC ENGINEERS dc PI.ANNERS 600 6iX FiJ1a9 �RIVF'-. SUfTE �Do ,AFttlM(iIQN„'1EXAS 760t1 81» 040-663lS TBPE FlRII: �-»o�/reP�s �Rµ: �o�aas-oo QA7E: DECEMg�R` 2011 N/unii �uii/ r�v-va�..-� PAGB 3 OF 4 PARCE�, 34-USE-2 LEGAL DESCRIPTION SLOPE EASEMENT EXHIBIT "�" - Page 3 of 4 Being a 0.24 acre tract of land situated in the James Edmons�n Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.24 acre �ract of land beiug more particularly described by metes and bounds as �ollows: � COMMENCIN�'i.at.a.£ound..518..ineli.ironrQd, being the southeast corner of a tract of land con�veyed by deed to Alfrad and Becky Camp, as �recorded in Instrument No. 2010-62292, Deed Records, Denton County, Texas, and the southwest eorner of a tract af land conveyed by deed to Harlan Properties, Inc., as recorded, in Vo�ume 4704, Page 1297, Deed Records, Denton Cotu�ty, Texas, also being in the north line of said Chamberlai.n Trust tract; � . THENCE South 89°55'12" East, along said north line of Chamberlain Trust tract and the south line of said Harlan �rac�t, £or a distance of 114.64 feet to.a.paint. for corner, being the POINT; �OF �BE�iTNIVING, arid being in the proposed east right-o� way line af Bonnie Brae Streef (a 95 foot RO.W.}; THENCE Snuth '89°�5'12" East, leavii�g said proposed east rigiit-of-way Iine and continuing along said north 1ine, for a distance of 15.00 feet to a point for corner; THENCE South 00°00'00" V�est, leaving said north line, fox a distance of 6.49 feet to a point for corner, being the beginning of a tangent curve to the left havir�g a radius of 2437,5'0 feet, a central angle af 2°34'.T4" and a long chord which bears Soutli 0I�'17'OT'' ' East, 109.35 feet; THENCE southeasterl�, along said curve to the left, an atc distance of 109.35 �eet to a point for cor�ner; ' . ' THENCE South 02°34'14" East, for a distance of 333.77 feet to a point for corner, being the beginning af a tangent curve to the right having a radius of 2562.50 feet, a central angle of 2°3�'14" and a long chord which bears South 01°17'07" Ea.s�t,, �.1..4,49,� f��t,., THENCE sautheasterly, along said c�rve to the right, an arc distance of 114.96 feet to a point for comer; THENCE South 00°00'00" West, for a distance of 151.00 feet to a point far corner, being in a corner-clip with said pro�osed east right-of-wa� line of Bonnie_Brae Street and �ie proposed north right-of-way line of Rosela�vn Drive (a variable width R.O.'UV�.); THENCE North 45°00'00" West, along said corner-clip, for a distance of 21.21 feet_ to a point for corner, being in said praposed east right-of-way line af Bonnie Brae St�eet; EXI3ISIT "B" - Page 4 of 4 PAGE 4 OF 4 THENCE North 00°00'00" East, along said proposed east rigl�t-of-r�vay line, £or a distance of 136.00 feet to a point for corner, being the begixming of a tangent curve to the left having a radius of 2547.50 feet, a centrai angle of 2°34'14" and a long chord which bears North.01 °.Z 7'07 "° Wes�; 1'Y4:28` feet; . THENCE northwesterly, alori.g said proposed east right-of wa� line and said curve to the lef�, an arc distance of 114,29 �eet to a point for corner; THENCE North 02°34'X4" West, continuing along said proposed east right-o£-�ay line, for a distance �f 333.77 fe�et�to a_point far corner; being th� begirTning vi a tangent curve to tha right having a rad'zus of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears North O1 °17'07" West, 110.02 feet; THENCE northwesterly, .along said proposed east right-of-way linie aud said curve to the right, an arc distance of 110.03 feet to a point for corner; THENCE North OQ°00'00" East, for a distance of 6.51 feet ta the POINT OF BEGINNING and CONTAlNING 10,621 square feet or D.24 acres of Iand, more or Iess. v �-, > - �---� � ATTACHMENT 3 TO PURCHASE AGREEMENT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUSLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. DRAINAGE EASEMENT THE STATE OF TEXAS . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT The Chamberlain Trust ("Grantor"), whose mailing address is 3900 Roselawn Drive, Denton, Texas 76207, in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable consideration in hand paid by the City of Denton, Texas, receipt and sufficiency of which is hereby acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual drainage easement in, along, upon, under, over and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the James Edmonson Survey, Abstract Number 400, to wit: PROPERTY DESCRIBED IN EXHIBIT "A" AND EXHIBIT "B", RESPECTIVELY, ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining drainage, including without limitation, the right to overflow the Property, and related structures, facilities and appurtenances, in, along, upon, under, over and across said Property. The rights granted herein shall further include, without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, upon, under, over and across the Property to Grantee herein, its agents, employees, contractors, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said drainage facilities and/or drainage features or grade or any part thereof. This Easement is subject to the following covenants and agreements: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any l�ind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property. Further, Grantor stipulates and acicnowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2, Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope established for drainage, including without limitation, excavation or movement of soil or other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may encroach or overhang upon the Property without liability to Grantee, including without limitation, the obligation to make further payment to Grantor. 5. Grantor's Rights. Grantor shall have the right, subject to the covenants and restrictions contained herein, to malce use of the Property for any purpose that does not interfere with the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. 2 Witness our hands, this the day of , 2013 Grantor: THE CHAMBERLAIN TRUST By: _ Name: Title: ACKNO WLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2013 by , as of The Chamberlain Trust. Notary Public, State of Texas My commission expires: AFTER RECORDING RETURN TO: City of Denton — Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson 3 PAGE 1 OF 2 1 . f � ._._._.—,—�.-----..Ill � �� r � .. e� � r •I 3 i �o JACK PARKE9 ANO � � WIFE BETTY PAflKE9 � �r VOL.. 502� P0. 9438 q o.a. .c.r, H 3 OJ m� �¢ a exxsriNO R.c.w. PozNr oF COMMENCING FND i/2°IR/q�6i ,��° 1 1 EXISiING p.O,W. N00°00'00"E 8.49' SAYE 9 EXCEPT TRACT i JACK ARLYN PARKEB VOL. �073, pG. l207 O,R.O.C.T. � �°��p ��L�' �� THE CHAM6EFlLAIN TRUST VOL. 4522, PG, 1336 • D.R,D:C.T. PqOPO5E0 R.b.W EXHIBIT "A" - Page 1 of 2 N90 '00' 00"E � 25.0a' r�oo •oo � oo ° E .� i7.00' POINT OF BEGINNTNG -t 0'00'E 307.49' ROSELAIPN DRIVE N90 '00' 00"W (YARIABL� WIDTH F.O.W.) 2�",QQ''' JACk AflLYN PARKES V�L. 4073. PG, 12U7 �.R,O.C,T. �' � � �� ° a� �� m �y 0� O � � o- 00 - o o.. o� • ,.., �ASTS OF 6EARTNG T5 NORTH AMERICAN DATUM OF l989 (NA�-83) STATE PLANE CoOROTNATE SYSTEM, 7EXAS NORTH CEN7RAL. PARCEL 34—DE-1 BEING A � 4�5 SQ.FT./0.01 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON� SUR'VEY, AHS�RACT N0. 400, DENTON COUNTY, 'TEXAS ^ Graham Associates,lnc. C�; CONSULTlNG ENGINEERS Ac PUNNERS coa sIx Fv,cs eRivE, su1� aao %� ARLJNOTON, iE%AS 7bD17 (at� e�o-ea�s ^TS�^F7RYtt '�-1181/78PL.5 FlR� totc3s-oo � GNAPHIC 9CALE i'�500' 0 50 1�00 150 - DATE; DECEMBER-2041 J/Denton/P34-DE-i I .� Page 2 0�2 PARCEL 34-DE-1 LEGAL DESCRTPTI4N DR.AINAGE EASEMENT EXHIBIT "A" - Page 2 of 2 Being a 0.01 acre tract af land situated in the J'ames Ldmonson Survey, Abs�ract No. 400, Denton County, Texas, bei.ng a portion of The Chamberlain Trust, as recorded in Voluzne 4522, Page 1336, Deed Recoxds, Denton County, Texas. Said 0.01 acre tz'act of land being more particularly described by mates and bounds as follows: CO.NI�E�T.C�N.r:.at.a„fo.�nd.1/2._inch iron.rod with 4561 cap; being the�southeast corner o£ a tract of land conve�ed to J'ack Parkes and wi£e Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton Counfy, Texas, and being in the north line of a Sava & Except Trac� 1, conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, also being in the existing west right- of-way line of Bonnie Brae Street (having a variable width R.O.W.); , THENCE IVorth 77°59'07" East, leaving said existing west right-of-way line, for a distance of 189.79 feet to a poini for corner, said point being in tlie proposed north rig}at- of-way line of Roselawn�Drive �(a variable widtli�R.O:QV:j; TI�ENCE North 00°00'00" East, along said proposed north right-of-way line, a dzstance of 8:49- feet to a point for Eorn�r; THENCE� I'�iorkh 90°00'OE3'' East, continuing along said prapcss�d narth right=o� way Iine, for a distance of 307.4$ feet to a point �or corner, being the POINT OF BEGINNING; THENCE.North.00°QO'Q.Q" East,.leavang said proposed north.�igtat-r�f.way line,. a,.distance,. .. of 17.00 feet tv a point for corner; � THENCE North 90°00'00" East, a distance of 25.00 feet to a point for corner; THENCE South 00°00'00" West, a distance of 17.00 feet to a point for corner; � TFiENCE North 90°00'00" West, a distance of 25.00 feet to the POTNT O�' BEGTNNING and CONTAINING 425 square feet, 0.01 acres of land, more or less. � � ' PAGE 1 OF 3 � � . % _�________--__�L. � � 1 __.__. l 1 �: -. z � �a JACK PAFKES AND WIFE BETTY PARKE9 VOL. 8022, PQ. 3438 O.R.O.C.T. EKISTINO R,O,H, POINT QF COMMENCI �Nn i�z"Ip/4! l 1 �� 0 3 o �r �� C4 '-¢ � > E1{ISTING p.O.W, BAVE 0 EJ(CEP7 TFACT 1 JtiCK AHLYN PAFRE9 VOL, 4073, P0, 1207 O,R.O.G,7� �� . � �� '� �� 9� �� 7HE CHAMeERLArN TRUST VOL. 4522, PC�. 4336 D.R.O.C.T. PROP08E0 R,O. EXHIBIT "B" - Page 1 of 3 i � ROSELA.IFN ARNE (VARIABLE WI�TH R.O.H,) JACK ARLYN PAPME6. V�L. d073 P0. l2D7 O.R.d,C.T. � � � � 3 � o C °C al • � m � v W O a . � GQ � -� � BASI5 DF BEARING I5 NORTH AMERTCAN OATUM OF 1983 (NAO-93) STATE PLANE CODRDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34—DE-2 BEING A . 500 SQ.FT./0.0�. ACRE DRAYNAGE EASEMENT SITUATED IN THE JAMES ED�I�IONS4N SURVEY, ABSTRACT N4. 4�0, . . DENTON COYJNTY, TEXAS . ^ Grah�m Associates,lnc. 1��; CONSULTING ENGtNEERS dc PL4NNERS `�`� aoo gX Fuos �RIVE, sv17E 6ao ARUNGTON, raAs 7eoif (et 64��36 TBPE:�RIAt �F-11BifTePL4 FI t 101636-60 �n ORAPHIC SCALE S'�100' 0 60 100 S50 DATE �ECEMBER_.2011 J/p9 flt D f1/ Y�i4-UC-r PAGE 2 OF 3 � � 3 O � ¢ Ra � rn � v 0 a � a �1 N N0o'2B' � 19,2 58B'31'3F � � � 0 THE CHAMBERLAYN TRUST VOL. 4522, PG, i336 w D.R.D,C.7. 0 o- 00 o°• N90-'00'--00"� � � 25.00' 0 a z S00 '00' 40"W � � _ � 20.00' �--N90'00' 00"W 512,38' , POINT DF BEG2NNING �� 5 �� . �� PAOp05E0 R.O,W. RO5ELA1fN DRTVE (VARIABLE WIOTH R,O.W.) LOMOHORM COUNCTL BOY SCOIIT FOUN�ATION, INC. VOL�d50 P6. 526 D.R.b,C.7. EXHIBIT "B" - Page 2 of 3 BASI5 OF BEAAING IS NORTH AMERICAN IJATUM OF 1983 (NA�-83) STATE PLANE COORDINATE 5YSTEM, TEXAS NORTH CENTRAL. PARCEL 34—DE--2 BEING A . � 5�0 SQ.,FT./0.01 ACRE . D�AINAG�E �ASEMENT � SITUAT�D IN TI�E JA11�ES EDMONS�N SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS � ' , GRAPHIC SCALE !'-l00' Graham Associates,lnc. a 5o soo 150 . CONSULTING ENGIHEERS dc PLANNERS . eao six Fuas ot�v�, sui� 6oa �.ArtuNaranl, �x�s �eofa af�) aa-ea�ts TBP� FlRMt F-11o1/THPLS RAf: tOt638-o0 • �ATE: dECEMBER 2011 J/Denton/P34-DE-2 Page 3 of 3 PA.RCEL 34-DB-2 LEGAL DESCRTPTIaN DRAXNAGE EASEMENm E�IIBIT "B" - Page 3 of 3 Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain'I'rust, as recorded in V'olusz�e 4522, Page 1336, Deed Records, Denton Couniy, Texas. Sazd 0.01 acre tract of land being more particularly described by metes and bounds as follows: COMN�NCING at a found 1!2 i,z�ch iron rod with 456-1 Eapy being the southeast •earner of a tract of land conveyed to Jack Parkes and wife Betty �'axkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being 3n the nor�h line of a Save & Except Tract 1, conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Danton County, Texas, also being in the existing west righ�- of-way line of Bonnie Brae Street (having a variable width R.O.W,); THENCE North 77°59'07" East, leaving said existing west rig$t-of-way line, for a distance af 189.79 feet to a point for corner, said point �eing in the existing north right- of-wayline of Roselawn Drive (a variable width R.O.W.); THENCE South 89°31'33" East, along said existing narth right-of-vvay line, a distance oi 5] 2.38 feet to a point for comer.; � THENCE North 00°28'27" East, leaving said existirig nflrth� right-of-way liz�e; a distance of 19.23 feet to a poit�t for corner; being the PDINT �F BEGINNING, said point being in the proposed north right-of-way line of Roselawn Drive (a variable width R.O.W.); THENCE l�orth 00°00'QO" East, leaving said proposed north right-of-way line, a distance of 20.00 feet to a point far corner; THENCE North 90°00'00" �ast, a distance of 25,00 feet to a point for corner; THEN'CE South 44°00'd0" West, a distance of 20,00 feet to a point for corner, said point being in the proposed �north right-of-way line of said Roselawn brive; THENCE North 90°00'00" West, alang said proposed n�rth rigkt-of way line, a distance of 25.00 feet to the POI�1T OF BEGYNNING and C�NTATNING 500 square feet, 0,01 acres of land, more or less, .