2013-042
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FirstAmendmenttoAgreementKOrdinanceNo.201438511/18/14JR
s:llegallour documentslordinances1131mahogany run ordinance.doc
ORDINANCE NO. 2013-042
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN EASEMENT PURCHASE
AGREEMENT ("PURCHASE AGREEMENT"), AS ATTACHED HERETO AND MADE A
PART HEREOF AS EXHIBIT "A", BY AND BETWEEN MAHOGANY RUN
INVESTMENTS, L.P., A TEXAS LIMITED PARTNERSHIP ("OWNER"), AS SELLER, AND
THE CITY OF DENTON, TEXAS ("CITY"), AS BUYER, REGARDING THE SALE AND
PURCHASE OF (I) A SANITARY SEWER EASEMENT ENCUMBERING A 0.438 ACRE
TRACT, AND (II) A TEMPORARY CONSTRUCTION, GRADING AND ACCESS
EASEMENT, ENCUMBERING A 0.134 ACRE TR.ACT, ALL TRACTS LOCATED 1N THE
GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330, CITY OF DENTON, DENTON
COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED 1N THE PURCHASE
AGREEMENT, LOCATED GENERALLY IN THE 3900 BLOCK OF SOUTH 1NTERSTATE
HIGHWAY 35 EAST (COLLECTIVELY, THE "PROPERTY INTERESTS"), FOR THE
PUBLIC USE OF EXPANDING AND IMPROVING THE MUNICIPAL SANITARY SEWER
SYSTEM, FOR THE PURCHASE PRICE OF TWO HUNDRED NINETY ONE THOUSAND
THREE HUNDRED FORTY FOUR DOLLARS AND NO CENTS ($291,344.00), AND
OTHER CONSIDERATION, AS PRESCRIBED 1N THE PURCHASE AGREEMENT;
AUTHORIZING RELOCATION EXPENDITURES; AUTHORIZING THE EXPENDITURE
OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton made an offer to the Owner to purchase the Property
Interests on August 28, 2012, pursuant to Ordinance No. 2012-182, passed and approved by the
City Council of the City of Denton on August 21, 2012;
WHEREAS, Owner has made a counteroffer to the offer of City;
WHEREAS, City is amenable to the counteroffer, and finds that it is in the best interest to
agree to same; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The 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, The
City Council hereby finds and determines that the acquisition of the Property Interests is
necessary for public use to provide sanitary sewer improvements to serve the public and citizens
of the City of Denton, Texas.
SECTION 2. The City Manager, or his designee, is hereby authorized (a) to execute for
and on behalf of the City (i) the Purchase Agreement, by and between the City and Owner, in the
form attached hereto and made a part hereof as Exhibit "A", with a purchase price of
$291,344.00 and other consideration, plus costs and expenses, all as prescribed in the Purchase
Agreement; and (ii) any other documents necessary for closing the transaction contemplated by
the Purchase Agreement; and (b) to make (i) expenditures in accordance with the terms of the
Purchase Agreement; and (ii) expenditures in accordance with the terms of Ordinance No. 2012-
073, dated April 17, 2012, pertaining to relocation related expenses.
SECTION 3. 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 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the j f day of �,���� 2013
E!� �i L/(� �- L% �
�
MARK �. BURROi�GI�S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: -
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
Page 2
s 1legnllour documentslcontracts1131�nahogany run easement purchase agreement clean.doc
EASEMENT PURCHASE AGREEMENT
NOTICE
Y�U, AS OWNER OF THE EASEMENT LANDS (AS DEFINED BELOW), HAVE THE
RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY
OF DENTON'S ACQUISITION OF THE EASEMENTS (AS DEFINED BELO'V� WITH
OTHERS; OR (2) KEEP THE OFFER OR AG1tEEMENT C4NFIDENTIAL, UNLESS
TFIE OFFER OR AGREEMENT TS SUBJECT TO CHAPTER 552, GOVERNMENT
CODE.
THIS EASEMENT PURCHASE AGREEMENT (the "Agreement") is dated
�J%���� � , 2413, but effective for all purposes as provided in this Agreement,
between Mahogany Run Investments, L.P,, a Texas limited partnership (the "Owner") and the
City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, Mahogany Run Investments, L.P., a Texas limited partnership, is the Owner of
a tract of land (the "Land") in the Gideon Wallcex Survey, Abstract Numbex 1330, Denton
County, Texas, being afFected by the public improvement Project called the State School
Sanitary Sewer Interceptor Project — Phase II ("Praject"); and
WHEREAS, City is in z�eed of certain easements in, along, over, upon, under and across the
Land described above related to the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
assooiated with the purchase of the necessary easements for the Project;
NOW, THEREFORE, for good and valuable consid'eration, the receipt and adequacy of
which is hereby acicnowledged, the parties agree as follows;
1. At Closing, the Owner shall grant, execute, and delivex to the City (i) an easement in, along,
over, upon, under and across the tract of land being described and depicted in Exhibit "A" and
Exhibit "B", respectively (the "Sanitary Sewer Easement Lands"), to that cei�tain Sanitary Sewer
Easement attached hereto as Attachment 1 and made part hereof, for sanitary sewer purposes, as
more particularly described therein (the "Sanitary Sewer Easement"); and (ii) an easement in,
along, over, upon, under and across the tract of land being depicted and described in Exhibit "A"
and E�iibit "B", respectively (the "Tempora.ry Construction, Grading and Access Easement
Lands"), to that certain Temparary Construction, Grading and Access Easement attached hereto
as Attachment 2 and made paY�t hereof, for tempoxary construction, grading and access purposes,
as more particularly described therein (the "Temporary Constzuction, Grading and Access
Easement"). (The Sanitary Sewer Easement Lands and the Temporaxy Construction, Grading
and Access Easement Lands are collectively referred to herein as the "Easement Lands"), The
Sanitary Sewer Easement shall be in the form as attached hereto and incorporated herein as
"Attachment 1", and the Temporary Conshuction, Grading and Access Easement shall be in the
form as attached hereto and incorporated herein as "Attachment 2" (the Sanitary Sewer
Easement and the Temporary Construction, Grading and Access Easement are collectively
referred to herein as the "Easements").
2, As consideration for the granting of the Easetx�ents, the City shall pay to Owner at Closing
the sum of Two Hundred Ninety One Thousand Three Hundred Forty Four and No/100 Dollars
($291,344.00) as compensation for the Easements. The monetary compensation prescribed in this
Section 2 is hexein referred to as the "Total Monetary Compensation",
2
3. In addition to the Total Moneta�y Compensation, a�id being a component part of the Project,
upon conapletion of utility construction activities, except as provided below, the City shall
restore, at its sole cost and expense, those axeas within the Easexnent Lands or otherwise
damaged by the construction of the Project, to at least the same condition that existed prior to
construction, including grade, concrete wall and concrete paving, The affected concrete flatworlc
shall be reconstructed in a worl�nanlilce manner, using materials comparable to that of the
existing concrete flatworlc. The worlc pxescribed in this Section 3 is herein re%rred to as the
"Concrete Flat Work".
�. Owner hereby acicnowledges that it has been compensated for the consumption of the
following improvements, as part of the total monetary compensation:
-Laser Security System
-5 RV Electric Sexvice Pedestals
-4 Light Poles
-1 Spotlight
-Sprinlder Irrigation System
-Chain linlc fencing
-Chain linlc fencing with barb wire
Owner, at Owner's discretion, shall be responsible, at its cost, for the re-establishment of the
above referenced improvements upon completion of the initial construction of the sanitary sewer
facilities (the "Project Construction Period"). Owner shall endeavor to re-establish all light poles
and electric sexvice pedestals as near as practicable to the south-easterly line of the Sanitary
Sewer Easenr�ent Lands in a location reasonably agreed to by City,
5. During the Project Construction Period, City wi11 not prevent Owner's access to its property,
inventory, stocic and equipment for greater than a 24 hour period, and Owner will be given at
3
least a 24 hour notice, by telepk�one at Z� I��(�'a00� ox telephonic facsimile at
, prior to any conshuction activities that would prevent access to any of
Owner's property, stocic or equipment,
b. City and/or City's Contractor shall secure Owner's land by temporary fencing and/or lociced
gates at the cessation of each day of activities during the Project Construction Period. Ownar
shall be respo�nsible for operation and maintenance of any temporary electronic security systems
ox any measures desired duxing the Proj ect Construction Period. Notwithstanding the duty of
City to Owner to secure Owner's Land, as provided herein, City sha11 not be responsible fox loss
of property of Owner or damage to the Property, except as may be specifically otherwise
provided by this Agreement.
7. Owner's existing sewer connections shall remain ope�•able duxing the Project Construction
Periad.
8. The disposition of the propane tanlc ,and related fencing, as depicted on Attachxnent 3, wi11 be
handled as "Relocation of Personal Property" in co�x�.pliance with Senate Bill 18 and the Uniform
Act, as adopted by the City pursuant to Ordinance No. 2012-073 (the "Ordinance"). In
accordance with the Ordinance, City will reinaburse actual, reasonable and necessary costs to
move and re-install the propane tanlc and related fencing to another permanent location on the
Owner's property, outside of the Easement Lands,
9, Owner stipulates that the Total Monetary Compensation payment and the Concrete Flat
Worlc constitute and include all compensation due Owner by City related to the Project,
including without limitation, any damage to or diminution in the valne of the remainder of
4
Ownex's property caused by, incident to, or related to the Project, damage to and/or costs of
repair, replacement and/or relocation of any irnprovements, turf, landscape, vegetation, or any
other structure or facility of any lcind located within the Easement Lands related ta activities
con.ducted pursuani to the Easements, and interference with Owner's activities on the Easement
Lands or other propei�ty interests of Ow�er 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, City, it's ofiicers, employees, elected officials,
agents and contractoxs from and against any and all claims they may have now or in the future,
related to the herein described matters, events and/or damages.
10. The Closing (herein so called) shall occur in and thraugh the office of Title Resources, LLC,
525 Soutk� Loop 288, Suite 125, Denton, Texas 76205 {"Title Company"), with said Title
Company acting as escrow agent, on the date which is 60 days after the Effective Date, unless
the Ownex and the City mutually agree, in writing, to an earlier or later date ("Closing Date"}. In
the event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County
holiday, the Closing Date shall be the next resulting business day. The Owner shall convey the
Easements free and clear of all debts, liens and encumbrances {the "Encumbrances"), The
Owner shall assist and support satisfaction of all closing requixexnents in relation to solicitation
of release ox subordination of liens and encumbrances and other curative efforts affecting the
Easements, 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 othercwise be in default under Section 15, below. However, if the Encumbrances are
not cured as provided herein, City has the opiion of either (i) waiving ihe defects related to the
�
remaining Encumbrances by notice in writing to Owner on or prior to the Closing Date, upon
which the remaining Encun:�b:rances shall become Permitted Exceptions (herein so called), and
proceed to close the transaction contem.plated by this Agreement; or (ii) terminating tlus
Agreement by notice in writing to Owner, in which latter event Owner and City shall have no
further obligations under this Agreement.
11. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to
the Owner through the Title Company. 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,
12. The date on which this Agreement is executed by the City shall be the "Effective Date" of
this Agreement.
13.A. In the event Owner shall default in the perfoxmance of any covenant or term provided
herein, and such default shall be continuing after ten (10) days written notice of such default and
opportunity to cure, City nnay exercise any right or remedy available to it by law, contract, equity
or otherwise, including without limitation, the remedy of specific performance or termination of
ihis Agreement.
B. In the event City shall default in the pexformance of any covenant or term provided herein,
and such default sha11 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
6
Closing by written notice of such election to City; or (ii) enforce specific performance of this
Agreernent.
14. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES, THIS AGREEMENT. IS PERFORMABLE JN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY 1N THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
15. From and after the date o;F execution of this Agreement by Owner to the date of Closing,
Owner shall not (i) convey or lease any interest in the Easement Lands; (ii) enter into any
agreement that will be binding upon the Sanitary Sewer Easement Lands or upon the Owner with
respect to the Sanitary Sewer Easement Lands after the date of Closing; and/or (iii) enter into any
agreem;ent that will be binding on the Temporary Construction, Grading and Access Easexrzent
Lands at any time prior to the termination of the Temporary Construction, Grading and Access
Easement.
16. Any notices prescribed or allowed hereunder to Owner and/or City, unless prescribed
otherwise in this Agreement, shall be in writing and, except as otherwise provided herein, 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:
Mahoga�' Run Inves ments, L.P,
S�D /�/�ih fiA1 G�-f �
S 3
Phone 2! - l -DOUd
Copies to:
Fox 4wner:
SCaT(' ���y
s 80� n� crn%cA,ho�t5 Krv y
A � 3
Telecopy: - Z ' �
CITY:
City of Denton
Paul Williamson
Real Estate and Capital Support
901-A Texas Street
Denton, Texas 76209
Telecopy: (940) 349-8951
For Citv;
Richard Casner, First Assistant City Attorney
City Attorney's Office
215 E, McKinney
Denton, Texas 76201
Telecopy: (940) 382-7923
17. 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 Agreemeni.
18. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and sha11 not merge with the Easements.
19. In the event prior to the Closing Date, condemnation or eminent domazn proceedings are
threatened or initiated by any entity or party othex tkian the City that might result in the talcing of
any portion of the Property, City may, at its election, terminata this Agreement at any time prior
to Closing.
20. Authority to take any actions that are to be, or may be, talcen by City under this Agreernent
are hereby delegated by City, pursuant to action by the City Council of Denton, Texas, to Franlc
Payne, P.E., City Engineer of City, or hzs designee.
21. If the Closing Date or day of performance of any act requiz•ed or permitted hereunder falls
on a Saturday, Sunday or legal holiday, then the Closing Date orc day of performance, as the case
may be, shall be the next following regular business day.
CITY OF DENTON, TEXAS
By.
GEORGE C. CAMPBELL,
City Manager
Date: � `' � , 2013
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
: \l��\�i[�,�I.��'�.�±j .�f�
.. - r���� , .. �
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ��
Date: �',wu`� 2y , 2013
OWNER:
MAHOGANY RUN INVESTME S, L.P.,
a Texas liraited �artnership
By; /
Printed name:
Title:
Zo
RECEIPT �F AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement, Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e} of the Internal Revanue Code of 1986, as amended from time
to time, and as further set forth in any regulations or fo�zns promulgated thereunder,
TITLE COMPANY:
Title Resources, LLC
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone; (940) 3 S 1-1006
Telecopy: (940} 898-0121
:
Printed Name:
Title:
Contract receipt date: , 2013
1 �.
ATTACHMENT 1
To
Easement Purchase Agreement
NOTTCE 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.
SANITARY SEWER EASEMENT
THE STATE OF TEXAS,
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON
THAT Mahogany Run Investments, L.F., a Texas limited partnership ("Grantor"), of Denton
County, whose mailing address is 5501 Mahogany Run Court, Plano, Texas 75093-4208, 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, 215 E. McKinney, Denton, Texas
76201, xeceipt of which is hereby acicnowledged, has GRANTED, BARGAINED, SOLD and
CONVEYED and does by these presents GR.ANT, BARGAIN, SELL and C�NVEY unto the
City of Denton, Texas ("Grantee") a perpetual sanitary sewer easement in, along, upon, undex,
over and across the fallowing described property (the "Pxope:rty"), owned by Grantor, and
situated in Denton Couniy, Texas, located in the Gideon Wallcer Survey, Abstract Number 133�,
to wit:
PROPERTY AREA DESCRTBED IN EXHIBIT "A",
AND DEPICTED IN EXHIBIT "B",
BOTH ATTACHED HERET� AND MADE A PART HEREOF
For the following purposes:
Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually
rnaintaining sanitary sawer pipelines, and related facilities and appurtenances, in, along, upon,
under, over and across said Prope��ty, including without liznitation, 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 foirth herein, including without linnitation, the malcing additions to,
improvennents on and repairs to said facilities or any pa��t thereof.
This Easement is subject to the following;
1. Structures, Except as otherwise provided hexein, no buildings, fences,
structures, signs, facilities, improvements or obstructions of any lcind, 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
beneiits above set out, may remove from the Property, such buildings, fences, structures, signs,
facilities, improvements and other obstructions as may now or hereafter be found upon said
Pxoperty and dispose of any such buildings, :Fences, structures, signs, facilities, improve;ments or
obstructions in any manner it deems appropriate without liability to Grantee.
2. Grantee's Obligations. Notwithstanding the foregoing, all Grantee's san.itary
sewer improvements and facilities placed within the Property shall be at or below-grade.
3. Access. For the pur,pose of exercising and enjoying the rights granted herein, the
Grantee sha11 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 naay cut, trim, or remove any shrubs or trees, ox
portzons of shrubs or trees now or hereafter locaied within or that may overhang upon the
Property without liability to Grantee, including without lizx�.itation, the obligation to make further
payment to Cn•antor.
5. Grantor's Rights. Grantor hereby reserves the right to operate and maintain, (i)
private underground electrzc circuits and above ground service pedestals (hez•einafter referred to
as "Service Facilities"); (ii) electric secu;rity systems and related appurtenances; {iii) pole-
mounted security light fixtures (the items descxibed in paragraphs (ii) and (iii) are colleciively
2
referred to as the "Secu�•ity Facilities"); (iv) chain linlc fencing; (v) landscape irrigation systems;
and (vi) paving improvements, on and under the Propei�ty. The Service Facilities and the
Security Facilities shall all be located as near as practicable to the south-easterly line of the
Property, in a location reasonably agreed to by C'n•antee.
Further, Grantor sha11 have the right, subject to the restrictions contained herein, to malce
use of the Property for any purpose that does not interfere with the Grantee's rights granted to it
herein for the purposes granted.
6. Successors and Assi n�s. This grant and the provisions contained herein shall
constitute covenants running with the land and shall be binding upon the Cnantor and Grantee,
and their successors and assigns.
7, Easement Purchase A�reement. This easement is subject to the terms provided in
that certain Easement Purchase Agreement, dated on or about �iY� �, 2013, by and
between Grantor and Grantee.
TO HAVE .AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
Witness my hand, this the � day of �.J ���lR� , 2013.
�
Grantor:
L.P., a Texas limited partnership
By: —
Printed name: ����� � �LCJ
Title: ��/ " �
�
ACKNOWLEDGMENT
THE STATE OF �� X ��S
COUNTY OF C� D I( i r
This instrument was acicnowledged before me on �J C�,h ►�-+'� 1 � , 2013, by
�' C�"} C �'1(�,i1f l � �1r�] 1�1 � 1� , of
Mah.ogany Run Inve s, L.P., a Texas limited partnership, on behalf of said limited
������I�i�i�irr�iii
partnership. `\`\����``�pA l Lq�A,,'/'.
: �P'' (�Y PU'•'•.:�� �i
� Q': �P �<� ,,�
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% N�'9jF OF 1�'i-� �
�i� �''•.FkpIRES�'' � ���
����ii��4%09i'20; ����`��\
AFTER RECORDING RETURN TO:
City of Denton — Engineering Depai�tment
901-A Texas Street
Denton, Texas 76209
Attn: Paul Williamson
Notary Public, in and'�fo�
My commission expires:
�
EXHIBIT "A" � to Sanitary Sewer Easement
.�: ,� . . �
� . rt�aur Su.r�e �ng �o., I nc.
Y
'�'z�fessxo:t7a.y,�.�d Suz�ve,yoxs
� --
P.O. Box 54 -� Lewisville, Texas 75067 �
•�Offica:,(97.2) 221�9439. �..Fa�: (9,7.2) 221-4675
�XHII3XT A . .
PARCEL — 4 - SSE --1
0.438 ACRES
C�TY OF D�NTON, DENTON C�UNT7�l, TEXAS
BEIN� all that cartain lat, tract or parcol of land situated an the Gideon Walker Suxvay, Abstract
Number J.330, City of bento;n, Denton County, Texas, and being a part of x.ofi 1-A, Block •1,
Nationwide Housing Addition, aa additiott io the City of Aenton, Dentou County, Texas,
acco�'dtng to the plat thereof recorded in Cabinet VV, Page 3S1 0� the Plat Recorc�s oi Aenion
County, Texas, and being m�oxe particular�y describad as follows:
BEGllVNING at a point for corn�ex at the most southerly west coxner of said Lot 1-A and tha
south corner o� Lot 2, Block 1, Nationwide �Tousing Addition, an addi�io� to the City of Denton,
DentanrG�unt3r, �T$xas,•,accor.ding to the plat thereof recorded in Cabinat.U, Page 9�44 0£ ihe Plat
Records of Dantan County, Texas, said point also bemg in tha northeast line of the sez•vice road
of Interstate Highway 3 5-�, a public roadway;
�NCE North 41 degraes 39 minutes OS seconds Eest, with�the so�theast��iine of said Lot 2, a
distance of 348,19 feat ta a poinf for corner�being the easi corner of said I,at 2;
TAENCE North 46 degrees 35 minutes 09 seoonds East, over, fhrough and across said �ot 1-A, a
distance of 171.48 feet to a point for corner;
TSENCE North 15 degrees 32 xninutes 16 seaands East, continui3ig over, tf3rou�h�°and across
said Lot 1-A, a distance of 15.45 feet to a point %�r corner in tha northe�st line of said �ot 1-A
and baing in the southwest line of Denton Couuty Transit Authority Rail; �
THENC� South 38 degre�s 48 minutes 18 seconds East, with the southwest line of said Denton
County Transit A.uthority Rall, a distance of 210.71 feet to a point for aarner;
THENCE South 34 degrees 03 minutes 23 seconds East, contirnuiutg with the south'west Iina of
said llenton Caunty Transit Authority Rail, a distance o£ 107.57 feet to a point for corner;
THENCE South 51 degrees 35 minutes 38 seconds West, ovar, through and across said Lot 1-A,
a distance of 20.06 feat to a poin� for corner; '
TH�NCE North 34 degrees 03 rninutes 23 seoonds West, continuing over, throu�r,h and across
said Lat 1 A and heing 20 faet saathw�st and parallel to the norGheast lina of sai.d Lot 1-A, a
distance of 108.2'� feeCto apoint for corner; � �
THENCE North 38 degrees 48 rniciutes 18 seconds '�)Vest, continuing over, throug,h and across
said Lot 1�A and bei�g 2� feet southwest and �ara]tel to tha rioxthaast ��ne of sai.d Lot l.-A, a
distance of 175.19 feet to a po�nt for corner;
p:�va126111eod1statc sohool interceptor - 640172539,I3b0,201001dwg\i204167�esmtl rovlssd.doc
E7�IB�T "A" - to Sanifiaxy Sewer Easement
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�',O. Box S4 � Lewisville, Texas 75067
'O�'ftce:"(972)�2'1'-9A39 '�'�Fa�c:•(97�} 221-�1675 ,.
THCNCE South A�b degrees 35 minutes 09 seconds Wast, contat�utng ovar, through and zoross
said Lot 1-A, a distance af 160.92 feet to a point for corner;
THENCE Soutli 41 degrees 39 minutes 05 seconds West, continuing ovar, tUxou�;h an.d aaross
said Lot 1-A and being 25 �aet soiifheast ari� parallel"to"the southcast line of�sa.id^L�o-t �2;°a•d�i•stance
of 3�7.82 feet to a point for coxner;
THENCE South 29 degrees 03 minutes 44 seeonds West, continuing over, ttixough and aaross
said Lot 1-A, a distanee of 29.32 feet to a point for comac in the southwest line of said Lot 1-A
andbeung in the northeast lina of said Serviae Road of Interstate Highway 35-E;
T�lENCE North 49 degrees 34 minutes 21 seoonds Wast, with tha northeast litza of said Servioe
Road, a distanca of 31.40 feet to t�e �OIN'� OF BEGIN�TING, and eontaining 0,438 acres of
land, m'ore'�r less.
p;jjvcV�0111ood1stata school Gtiorceptor- 640�72534.136D,2o100\dwg11204167 esmtl revisect.doo
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EXHIBIT "B" - to Sanitary Sewer Easezx�ent
`
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\� . 30' Temporary \
�.„ (�M.) Lot 1-A� $loak 1 . ,.��aBement°". ,: •'
r/2 xe.F � Nattonw�de Housing Addition
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Nationwide Hoasing�Addition �� �,� r
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" EX�-IIBYT B .
Parcel -- 4 - SS�' - 1
Q,438 Acres in the
Gic�eon Walkex Survey, Abst, No. 133�
City ai Denton
• Dex�ton County, Texas �
- 2oa2 -
� �xt�iur Su.r�e�ir�g Co., I nc.
.Pt-ofes,sional Lax2d Suzveyoxs
972 221-9A39 � Faac972-227-4d7S
22p Elm 5heat, 5uile 20A '- P.O, Box j4
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ATTACHMENT 2
To
Easement Purchase Agreemant
NOTICE OF CONFIDENTTALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRII�E ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT Ti2ANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR REC�RD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
TEMPORARY CONSTRUCTION, GRADING AND ACCESS EASEMENT
THE STATE OF TEXAS
COUNTY OF DENTON
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
THAT Mahogazry Run. Investments, L,P., a Texas limited partnership ("Grantor"), of Denton
County, whose mailing address is 5501 Mahogany Run Court, Plano, Texas 75093-4208, in
consideration of the sum of Ten and No/100 Dollars ($10.00) and othex gaod and valuable
consideration in hand paid by the City of Denton, Texas, 215 E. McKinney, Denton, Texas
76201, receipt of which is hereby acicnowledged, has GRANTED, BARGAINED, SOLD and
CONVEYED and does by these px•esents GRANT, BARGAIN, SELL and CONVEY unto the
City of Denton, Texas ("Grantee") a temporary construciion, grading and access easement in,
along, upon, under, over and across the following described property (the "Properry"), owned by
Grantor, and situated in Denton County, Texas, located in the Gideon Wallcer Survey, Abstract
Number 1330, to wit:
PROPERTY AREA DESCRIBED IN EXHIBIT "A",
AND DEPICTED IN EXHIBIT "B",
BOTH ATTACHED HERETO AND MADE A PART I3EREOF
It is agreed that the said Gity of Denton, Texas, in consideration of the benefits above set out,
may remove from the Property above described, such fences, signage, buildings and other
obstructions as may now be found upon said Property, for the purpose of construction activities,
grading activities an.d access in, along, upon, under and across said Property. It is specifically
stipulated by Grantor that the scope of the access, construction and grading activities shall
include the clearing and removal of vegetation and trees that exist within the Property,
The City of Denton, its agents, employees, contractors, worlcmen, and representatives shall have
the right of ingress, egress and regress in, along, upon, under and across said Property for the
purpose of access, construction and grading activities or any part thereof.
The term of this grant sha11 expire on the earlier to occur of (i) one (1) year from the date
of the "Cantractor Notice to Proceed Letter" fQr the State School Saxutary Sewer Interceptor
Project — Phase II; and (ii) December 31, 2014.
TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes
aforesaid the premise above described.
�
Witness my hand, this the ( � day of �.J /'��l� , 2013.
Grantor: Mahoga�.y Run InY�sTiPi�nts, L.P., a Texas limited partnership
By:
Printed name:
Title;
ACKNOWLEDGMENT
�
THE STATE OF .(��C���S
COUNTY OF ,I� � i�
This in�s�trument wa,sy acicnowledged before me on ��..� 1/�f,� rr , 2013, by
�� (v(� l:� C : �a���� ��l , ix�n � � , of
Mahogany Run In���tms��� .P., a Texas limited partnership, on behalf of said partnership.
��`��\``` PN DA < <q /�i���i
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� �,��, Pn ; Notary Public, in a r e te f T% '(,�1
��i�� O�'�'�ORES� ��.: My comnaission expires, (., . (� ��--1 C a
�����,//�9N201 `b\\\\\\\���
AFTER RECORDING RETURN TO;
City of Denton — Engineering Department
Paul Williamson
Real Estate Manager
901-A Texas Street
Denton, Texas 76209
2
EXHIBIT "A" -�o Temporary Constructio�n, Grading and A.ccess Easement
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Y�
.i°xvfesszn�tal �a.�d S�eyors
P.O. Box �4 � Lewisville, Texas 75067
.Offloe;,,(9,7,2� 22�-9439 � .Fax; .(972,) 221-4675
EXE�3YT A
PARCEL -- 4 � TC� -1
U,1.34 ,A,CRES
CZTY OF D�NTaN', D�NTOI�T COUN�Y, T�XAS
BETNG all that cet�tain lot, tract ar parcal o� Iand situated in the Gideon �Vallcar Survey, Abstract
Numhec 1330, City of Denton, 17enton Couaty, Texas, and beuag a pa.t�t of Lot 1-A, Blbelc 1,
Natioawide Housing AddiHon, an additin�z to the City of Danton, Denton County, Texas,
acoording to the plat tt►erQof recorded in Cabinet W, Page 351. of the Plat Records of benton
Co�uaty, Texas, and being xnore particularly described as follows:
BEG�NNING at the east corner of Lot 2, Block 1, Nationwide Housing Addition, an addition to
� t�a City of Den.ton, Denton Counfy, '�exas, according to the plat thereof recarded in Cabi.n�t U,
Page 949.:of,the.P.lat.ReGards.oP DeptQn,�ounty,, said point also being an inner ell corner of said
L,ot 1-A;
'1'HENCE Noxth 63 degrees 03 minutas 20 seconds West, with the northeast lin� of said I�ot 2, a
distanca of3�.�� feetto apointfor corner;
THENCE North 46 degees 35 minutes 09 seoonds Eest, over, through and across safd Lat 1�A, a
distanc� of 173.85 feei to a point for eoz•ner;
T�ENCE rIorth 15 de,grees 32 minutes 16 seconds �ast, continuing ovar, tl�rough and across
said Lot 1 A, a distance of 28,64 feet to a p�int'�for cortiar in the northeast Iine of s�'ici �,ot 1-A
and being in tlae southwest line of Danton County Tranait Authority Rail;
�'HEY+ICE South 38 degraes 4$ minutes 18 saconds Last, vti+ith the southwast line oj'said Denton
County Transit Authority Rail, a distance of 36.92 feat to�a paint far con,ter thereof;
T7iENC� South 15 dagrees 32 mimutes 16 seeonds West, aver, tlu�ough and across said Loi l-A,
� a distance of 15.45 feet ta a point for corner thereof;
THENC� South 45 degrees 35 minutes 09 se¢onds WaSt, eon#inuing.,over, throu�h..and across
said Lot 1-A, a distanoe af J.71,48 feet to the �'4INT OF BEGINN�NG, and contaiiiing 0.134
acres of Iand, more or less, �
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EXHIBYT "B" - to Temporary ConstructYOn, Grading and�Access Easement
..:� � .;� � LINE TABI.E . . �'
UNE � BEARING DI5PANCE
�.i N63'03'20"W 31.85'
L2 N 5'32'16"E 26.64'
L3 S�S'+{8'.1 °E 36�92'
L4 S 5'32'16"4Y 15.45'
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Lot 1^A.� �lOCk 1 ,`� gearfngs shown are bosed on the Clty of
\ rC,�) cV �� Oenlon G!S notWark.
. �/1lR,�:. "I>l�ationx�t!�de.�ousingAdditian �1 ,�. .
Cabinet W, Page 351 s� �,�y� � �d �
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Nationvvida Housing�ddition / `� e�'� �n
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Cabinet U, Page 94 \ �w`� �,°��
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DoUC3LA� t,, aR �H .� `�S ���,��� � Eckert Real Estata, LT.0
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"� ,,� g � �p �oy ���� � � l�oc, No. 2004-12026
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E�HIB IT B . �
.Parcel -- 4 - 7'G'E'...�- 1`
0.13�F Aares in th.e
Gideon Wa�ker �urvey, Abst, �To. 2�33D
City of ]7enton
Dentor� County, Texas
.- 2Q12 —
r�tl�ur..���.r�ve�i�:g� Co,, Inc.
Pxofessiox�al.Laxzd Survayvxs
972-22.i-9439 � ,Pex972-22X-d67.$
azo �tm sa�ti sutce aoo � z� o. �ox s�
Lewis,�ue, Toxas 7so67
Pi1Jva\8Wl\Ca0\STATE 3CFf00L INTEACCpTqR - b1017e5�9,1060Y0fOD\drp\I204167_unkl-terQ7A�D OAd/eo1¢ 7�OO7 Atl GD�
ATTACHMENT 3- Propane Tank Relocation