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2013-179s:Uegallour documentslordinances113\bond-stokes-et al acquisition ordinance.doc ORDINANCE NO. 2013-179 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQLTIRE (I) FEE SIMPLE TO A 7.393 ACRE TRACT (THE "MAYHILL TRACT"); (II) FEE SIMPLE TO A 4.508 ACRE TRACT (THE "LANDFILL TRACT"); AND (III) A SLOPE EASEMENT (HEREIN SO CALLED), ENCUMBERING A 0.804 ACRE TRACT, EACH AFFECTED TRACT LOCATED IN THE JOHN B. BRANDON SURVEY, ABSTRACT NUMBER 1515, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE 1400 BLOCK OF SOUTH MAYHILL ROAD (THE "PROPERTY INTERESTS"), FOR (A) AS CONCERNS THE MAYHILL TRACT AND THE SLOPE EASEMENT, THE PUBLIC USE OF EXPANDING AND IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY; AND (B) AS CONCERNS THE LANDFILL TRACT, FOR THE PUBLIC USE OF EXPANDING AND IMPROVING THE CITY OF DENTON LANDFILL, A PERMITTED MUNICIPAL SOLID WASTE DISPOSAL FACILITY; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO (1) CYl�TTHIA BOND ABLES, JOHN HENRY BOND, III, JEAN DOYE STOKES AND WAYNE STOKES, A MARRIED COUPLE, JOE P. DOYE, JR. A/K/A JOSEPH PIERRE DOYE, JR. AND PATRICIA ANN DOYE A/K/A PATRICIA DOYE KENDALL (COLLECTIVELY, THE "OWNER"); (2) SUCCESSORS 1N 1NTEREST TO THE OWNER TO THE PROPERTY INTERESTS; OR (3) ANY OTHER OWNERS OF THE PROPERTY 1NTERESTS, AS MAY BE APPLICABLE, TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE PRICE OF SEVEN HUNDRED EIGHTY FIVE THOUSAND THIRTY SIX DOLLARS AND NO CENTS ($785,036.00), 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; AUTHORIZING RELOCATION EXPENDITURES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after due consideration of the public interest and necessity and the public use and benefit to accrue to the City of Denton, Texas: 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 of Denton, Texas (the "City"). The City Council hereby finds and determines that the acquisition of (a) the Mayhill Tract and the Slope Easement are necessary for public use to provide street and roadway expansion and improvements of Mayhill Road; and (b) the Landfill Tract is necessary for public use to provide for expansion and improvement of the City of Denton landfill, a permitted municipal solid waste disposal facility, each 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 a formal offer to purchase the Property Interests 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. SECTION 3. The City Manager, or his designee, is hereby authorized to execute for and behalf of the City (a) 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 $785,036.00 and other consideration, plus costs and expenses, all as prescribed in the Agreement; and (b) any other documents necessary for closing the transaction contemplated by the Agreement. SECTION 4. The City Manager is authorized to malce expenditures in accordance with (a) the terms of the Agreement; and (b) Ordinance No. 2012-073, dated April 17, 2012, pertaining to relocation expenses and advisory services. SECTION 5. The City Manager, or his designee, is directed, by certified mail, return receipt requested, to disclose to Owner, or other owners of the Property Interests, as applicable, 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 6. The offer to Owner, or other owners of the Property Interests, as applicable, shall be made in accordance with all applicable law. SECTION 7. 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 8. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �day of , 2013. ATTEST: JENNIFER WALTERS, : SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY TTORNEY By' y/�� EXHIBIT "A" - to Ordinance (Property Interests) � rthur Surveying Co., I nc. Piofess.iox�a3 L..�nd Surve,yors P.O. So� 54 --- Lewisville, Te:tas 75067 Olrcc: (972) 221-9439 �� Faa: (972) 221-4675 EXHIBIT ��A" MAYHILL ROAD PARCEL M134 7.393 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30989, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being part of that tract of ]and described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows: COMMENCING at a"PK" Nail set for the southeast comer of said Bond tract (2004-30989) and the northeast corner of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Road; THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 82.76 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for the PO1NT OF BEGINNING; THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 135.32 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THEIYCE North O1 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004-30989), a distance of 10.56 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 2312.85 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the right, having a radius of 2068.18 feet; THENCE with said curve to the right, over and across said Bond tract (2004-30988), having a central angle of O1 degrees 46 minutes 54 seconds, whose chord bears North 03 degrees 46 minutes 00 seconds East a distance of 643 L feet, having an arc length of 64.31 feet to a"PK" Nail set for corner in Spencer Road, being in the north line of said Bond tract (2004-30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded under Instrument Number 2003-205747, O.P.R.D.C.T.; THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and the south line of said �Iaeussler Properties tract, a distance of 135.54 feet to a"PK" Nail set for corner in Spencer Road, same point being the beginning of a non-tangent curve to the left, having a radius of 1932.50 feet; (continued) C1107131-19 Parcel M 134 EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., Inc. Fz•of�ess�oxza,Y L�d Suxve,yoxs P.O. Boa 54 � Lewisville, Te�cas 75067 Ot7ice: (972) 221-9439 •� Fax: (972) 221-4675 THENCE with said curve to the left, over and across said Bond tract (2004-30989), through a central angle of 02 degrees 07 minutes 41 seconds, whose chord bears South 03 degrees 56 minutes 24 seconds West a distance of 71.77 feet, having an arc length of 71.78 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2311.63 feet to the POINT OF BEGINNING and containing 7393 acres of land, of which 0.109 acres lie within the existing Spencer Road and Mayhill Road. �y: Q'`- � -ca �'�� ..ia,» .......e.........a......, DOUQLAS_L.. ARTNUR :; 09 4357 P., � ��1,�� .°��ss�Q`�•'•yo�,,� �:.SUR�� Cll07131-19 Parcel M134 S" �� 1�i EXHIBIT "A" - to Ordinance (Property Interests) " y� �:, �. r3� �..R. �', �`r. �rar-�.e7� �,�a�'.T::It'� �'u4fl51�'s:;.T �%�� I (Variable Width ROW) � 2�- I.P.F. SPENCER ROAD_ _,.P� (C.M.) p_.�_ _ _�'_ N88'S6'21 "W L�--_—_ _ � . I Haeussler Properties -�-I— Instr. No. 2003-205747 ' NNail "PK'� Nail 155. 59' S8 43 23 W TRR. �,I 1 76.43' I New Right-of-way 7.237 ac. (315,266 sq. ft.) I� Gas Easement 0.047 ac. (2,027 sq. ft.) � Existing [mplied Dedication 0.109 aa (4,758 sq. ft.) 7.393 Acres (322,ost sq. ft.) �� Parcel M134 � 9 �! � � �4S �� '� 'J�� CJ ��i� 1 � �,33 ' ,�4 �� 6 ��-�� t9��. !�Qy�+4�QJ� I' 47 nY � .��V II � �� I� �� : ��t � y�'� �I John Henry Hond, Jr et. al. Instr. No. 2004-30989 Proposed Variable Wfdth Slope Easemen S87'52'49"W ' S8535'59"W 1672.63' l.R.S. 200.21' _ � — — L3 2" .P.F. F.C.P. — V I.R.S. l.i (C.M.) ��,�a�3;C�Z .�7r a.d;.?�i r.�'�'itt :�':�g �1-,�;%t1':_1rt 1��.�1�Yi��:Y' L�� Mason A. Haggard & wife, Wilma Haggard Vol. 337, Pg. 430 (remainder) Mayhill Road Parcel M134 7.393 acres in the John B. Brandon Survey, Abstract Number 1515 City of Denton Denton County, Texas -- 2012 -- Implled Dedication Existing —Fence �� 15' Gas Easement Instr. No. 2008-804}8 �I � Instr. No. 2011-11316 II I 1� � � I I W� II � ,� 1� � v � � �I I 1� �I � �I I 1� i 400 0 200 400 SCALE: 1" = 400' Bearings shown hereon based on tlie City of Denton GIS Network. NOTES: • I.P.F. = Iron Pipe Found • LR.F. = 1/2" Iron Rod Fouud • I.R.S. = 1/2" Uon Rod Set with ye]]ow cap stamped "Arthur Surveying Company" • Al] improvements not shown hereon. • Easements recorded in Vol. 316, Pg. 8& Vol. 336, Pg. 182 do not affect this tract to the best ofmy knowledge. — � „�°°,�� Blanketeasementsrecorded in Vol. 354, �� I � ��n�,��j Pg. 401 & VoL 520, Pg. 495 include H�is 1 � `��, °��'� r�a�r. �1�� L1NE TABLE I� �'a ��-�� Ll S87°52'49"W 82.76' � ��,� � L2 S87°52'49"W 135.32' � � K�' L3 NOl °50'21'B 10.56' 1 �`,,�,�a. K� L4 N89°43'23"E 135.54' r�Existing John Henry Bond, Jr et. al. Instr. No. 2004-30988 CURVE TABLE # Radius Len Delta Chord Cl 2068.1 S' 64.31' Ol °46'S4" NO3°46'DO"E 6431' C2 1932.50' 71.78' 02°07'41" 503°56'24"W 71.77' SURVEYORSCERT[FICATTON: � � � 1Le undecsigued does here6y ceftify ta Title � Resources (6.F. No. 301630 �& 101640) t6at this \N./� survey was this daymeda on t5e grouud of tLe 1�/ property legally descri6ed Lereon end la camct, end � to t6e best of mylmowledg , fhere nre no visi6le discrepancies, conllicts, s6o�mges ia erea, 6oundery lina cooflicts, eacroecLmeNS, overlapping of impmvemenb, easements orrighta oFway that I 6ava been edvised oFaxcept es sLowa Lereon. rthur Surveying Co., Inc. ��o�r �a s�.�� P.O.Hos 54 — Lewisville, Teaas 76067 Of[ice: (972) 221-9439 Fag: (972) 221-4875 Eatatbliahed 1988 EXHIBIT "A" - to Ordinance (Property Interests) � rthur Surveying Co., I nc. 1Profess.ion�.Y �,�cx' Suz-ve,yoxs P.O. Bo� 54 --• Lewisville, Tesas 75067 OtYicc:: (972) 221-9439 �- Fax: (972) 221-4f>75 EXHIBIT "A" MUNICIPAL USE TRACT 4.508 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30989, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr, et al, recorded under Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows: BEGINNING at a"PK" Nail set for the southeast corner of said Bond tract (2004-30989) and the northeast corner of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Road; THEIVCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 82.76 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for corner; THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 2311.63 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner at the beginning of a curve to the right, having a radius of 1932.50 feet; THENCE over and across said Bond tract (2004-30989), with said curve to the right, through a central angle of 02 degrees 07 minutes 41 seconds, whose chord bears North 03 degrees 56 minutes 24 seconds East a distance of 71.77 feet, having an arc length of 71.78 feet to a"PK" Nail set for corner in the north line of said Bond tract (2004- 30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded under Instrument Number 2003-205747, O.P.R.D.C.T., same point being in Spencer Road; THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and the south line of said Haeussler Properties tract, a distance of 81.24 feet to a"PK" Nail set for the northeast corner of said Bond tract (2004-30989), same point being in the existing Mayhill Road; THENCE South 02 degrees 52 minutes 34 seconds West, with the east line of said Bond tracts, a distance of 2380.65 feet to the POINT OF BEGINNING and containing 4.508 acres of land, of which 1.660 acres lie within existing Mayhill Road and Spencer Road. �` V ��•V � C1107131-19 Parcel M 134 Municipal Use tract EXHIBIT "A" - to Ordinance (Property Interests) " M. E. P. 8r P. �. I2. �o. u��arvey 1�lbsrract 3'eTum�er 92� I (Variable Width ROW) � 2�� I.P.F. SPENCER R4AD � „ (C.M.) _ � PK" Nail p.._�— _ _ _ _ _ _ _� _ Set Nss•ss'2�"w L _. _ _ _ _ —Cl �----- 155.59' S8 '43'23"W .R. . 1 76.43' I � New Municipal Use Tract 2.042 ac. (88,949 sq. ft.) � II Existing Implied Dedication 1.660 ac. (72,289 sq. ft.) � Gas Easement 0.806 ac. (35,] 17 sq, ft.) 4.508 Acres (196,355 sq. ft.) i �I Municipal Use Tract � �� I �, �� ,r �� I ��a�;�� i jl �,�'��4 ,��,�� I I� ��'�� I �. �,'��'�� I _ �� Haeussler Properties Instr. No. 2003-205747 2"PK" Nail Set � ' Proposed ROW Porcel M134 � lmplied }'�Dedication IExisting t—Fence � 15' Gas Easement �Instr. No. 2008-80418 Instr. No. 2011-11316 � � I 1 � ,d ��,L I "Sfi^�6�,�� M 1� � '�1 �� 3 ^+ '� 9 � '�o �'�P � � �� 3 � �,,,, � M John Henry Bond, Jr I N � I° h et. al. �'I �� Instr. No. 2Q04-30989 � � � 1� i S87'S '49"W S85 35'59'�W 167 .63' 200.21 _ — — 2" .P.F. F.C.P. (CM) � I � I I li � I �� I I� I 1� fl�.��l I�avirl Hough Survey, A�s�ts�ac� l�aiaaat�er �46 Mason A. Haggard & wife, Wilma Haggard Vol. 337, Pg. 430 (remainder) Municipal Use Tract 4.508 acres in the John B. Brandon Survey, Abstract Number 1515 City of Denton Denton County, Texas -- 2012 -- � Wa�' �3 H � �� p N 400 0 20D 400 SCALE: 1" = 400' Bearings sho�vn hereon based on the City of Denton GiS Network. NOTES: • LP.F. = Iron Pipe Found • I.R.F. = 1/2" Iron Rod Found • LR.S. = 1/2" Iron Rod Set widi yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. • Easements recorded in Vol. 316, Pg. 8& Vol. 336, Pg. 182 do not affect tliis tract ��to the best of my knowledge, �.�� Blanket easements recorded in Vol. 354, ,��j Pg. 401 & Vol. 520, Pg. 495 include this �� 4 �1° �� fi �� ' Existing ,.PK �� Se SURVEYORSCERT 7Le mderslgned doea hen Resourcea (G.F. No.102630 survey wa+ tLis day made a property legall y descri6ed Bete.,.. d...... ....._.., ...... �� w the 6est ofmy/mawledgq there are no visi6le discrepencies, conflicts, shor�ges iu erea, boundery line contllcts, encro�chmentv, overlapping af imptovements, eaaemeat+ orrights of way that I 5ave been advised of except az sLown heroon. rthur Surveying Co., I nc. ��S�o� r.�a s�y� P.O.Box 54 — Le�riaville, Tegas 75067 O[fice: (972) 221-9439 Fax: (972) 221-4875 Eatatblished 1988 tract. LIIVE TABLE Ll S87°52'49"W 82.76' L2 N89°43'23"E 81.24' � John Henry Bond, Jr et. al. Instr. No. 2004-30988 EXHIBIT "A" - to Ordinance (Property Interests) � rthur Surveying Co., I nc. .�'rofessiona.p �.and Sux-ve,yoxs P.O. Bot 54 --• Letivisville, Texas 75067 OIIice: (972) 221-9439 --- Fa�: (972) 221-4675 EXHIBIT "A" MAYHILL ROAD SLOPE EASEMENT 0.804 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 15 l 5, City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30989, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being part of that tract of ]and described by deed to Jolm Henry Bond, Jr. et al, recorded under Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows: COMMENCING at a"PK" Nail set for the southeast corner of said Bond tract (2004-30989) and the northeast corner of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Road; THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 218.08 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C,) set for the POINT OF BEGINNING; THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 10.02 feet to a point for corner; THENCE North O1 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004-30989), a distance of 11.35 feet to a point for corner; THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 834.81 feet to a point for corner; THENCE North 87 degrees o7 minutes 27 seconds West, over and across said Bond tract (2004-30989), a distance of 5.00 feet to a point for corner; THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tract (2004-30989), a distance of 1144.51 feet to a point for comer; THENCE North 00 degrees 22 minutes 33 seconds East, over and across said Bond tract (2004-30989), a distance of 396.47 feet to a point for corner in the north line of said Bond tract (2004-30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded under Instrument Number 2003-205747, O.P.R.D.C.T., same point being in Spencer Road; THEIVCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and the south line of said Haeussler Properties tract, a distance of 33.34 feet to a"PK" Nail set for corner in Spencer Road, same point being the beginning of a non-tangent curve to the left, having a radius of 2068.18 feet; (continued) C1107131-19 Parcel M134 Slope Easement EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., I nc. Prof�ssiona.Y �,asz�d Szsx-sr�,yoxs P.O. Bos 54 -- Lewisville, Texas 75067 Oilice: (972) 221-9439 •� Ftix: (972) 221-4675 THEIVCE with said curve to the 1e8, over and across said Bond tract (2004-30989), through a central angle of 01 degrees 46 minutes 54 seconds, whose chord bears South 03 degrees 46 minutes 00 seconds West a distance of 6431 feet, having an arc length of 64.31 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2312.85 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South O1 degrees 50 minutes 21 seconds West, over and across said Bond tract (2004-30989), a distance of 10.56 feet to the POINT OF BEGINNING and containing 0.804 acres of land. C1107131-19 Parcel M134 Slope Easement �� O � �w EXHIBIT "A" - to Ordinance (Property Interests) ' M. E. P. 8r P. R. R. Co. Sura�ey Abstract Number 92i I (Variable Width [tOV� � 2�� I.P.F. SPENCER ROAD _ � �c.M.�_� _ �— N88'S6'21 "W L�—= _ --�� 155.59' S8 '43'23"W 1 76.43' � � I N � I N o� z � 0.804 Acre ISlope Easement (35,041 sq. ft.) LS �� r • �� a�� ¢�� ,�, � �� `�G� Gra � � � G°�'� I o� �� M �°p -_,�1 g�,$`� � � � a �� '4'' �N�N �� I �_.ti John Henry Bond, Jr et. al. Instr. No. 2004-30989 i m � E� 587'S2'49'�W S85'35'S9"W 1672.63� L3 � 200.21' _�-- -- L 2" P.F. F.C.P. (c.M.) D.avid Hoaigl2 �urvey, �bstrac;t l�arumber S46 Mason A. Haggard & wife, Wilma Haggard Vol. 337, Pg. 430 (remainder) Slop e Ma hill Y Easement Road Project 0.804 acres in the John B. Brandon Survey, Abstract Number 1515 City of Denton Denton County, Texas -- 2012 -- Haeussler Properties �--�—Instr, No. 2003-205747 ' N� � � �� ' I� I� II II I� � �I , II � I� II � �� I II I I� �I II 1 I I I 1 1 a � Proposed ROW Parcel M134 400 0 200 400 I Existing Fence SCALE: 1" = 400' � 15' Gas Easement Bearings shown hereon based on the City of Instr. No. 2008-80418 Denton GIS Network. � lnstr. No. 201i—i13i6 I NOTES: • I.P.F. = Iron Pipe Found • I.R.F. = I/2° Iron Rod Found � • I.R.S. = 1/2" Uan Rod Set with � � yellow cap stamped "Arthur I Surveying Company" • All improvements not shown hereon. O3 • Easements recorded in Vof. 316, Pg. 8& � ��O Vol. 336, Pg. 182 do not affect this tract � to the best of my knowledge. ;n P'�� Blanket easements recorded in Vol. 354, ��3 �.�,,�'�j Pg. 40l & Vol, 52Q Pg. 495 include this tract. H � ��4 �I � �t �� LINE TABLE �� Ll S87°52'49"W 218.08' ��'� L2 S87°52'49"W 10.02' ,� �y �g°�{ L3 NOl °50'21 "E 11.35' 'Qr L4 N87°07'27"W 5.00' Existing LS N89°43'23"E 33.34' Residence L6 501°50'21"W 10.56' John Henry Bond, Jr et. al. Instr. No. 2004-30988 CURVE TABLE # Radius Len Delta Chord Cl 2068.18' 64.31' Ol °46'S4" S03 °46'00"W 64.31' .��`,�� 1f3 Y�'F�, ,Q � P. �. C. -� ��. ,...�'..�..�'`�a �. ��,. '.:- C" Nail �J.pH..F7�•��S�LL ` Seta... .. ..,. ,-. ...._. � $.9t�« �v.• �,�%/ ��`'•��±� � r P. 0. B. � � . : o�+� � � SURVEYOR4 CER77F[CATTON: The undersi�ed does hereby ceitify m 1Stle O� Resources (6.F. No. 102630 � 102640) tLat this A_ survey was thia daymade on thegomd afthe � V Property IegaUy descri6ed hereon and is correc� and • O i ro the 6est afmy /mowledge, thae are no visi6Je �rj discrepmcies, wnfliets, shorlagea in srea, 6oundary V llae coaHlcis, encroachmenta, overlappingof rmprovemeab, easemenla orrighte of way tliet I hava beeo advised ofezcept as shown hereoo. rthur Surveying Co., Inc. P�r�o!'+essional Lana surnyors P.O.Hos 54 — Le�riaville, Tezas 75087 Office: (972) 221-9439 Fag: (972) 221-4675 Estatblished 1988 EXHIBIT "B" TO ORDINANCE 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 OTHERS; 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 �` / V� , 2013, but effective as of the date provided below, between Cynthia Bond bles, John Henry Bond, III, Jean Doye Stokes and Wayne Stokes, a married couple, Joe P. Doye, Jr. a/k/a Joseph Pierre Doye Jr. and Patricia Ann Doye a/lc/a Patricia Doye Kendall (referred to collectively herein as "OWrieI'") and the City of Denton, Z'eXaS �"Clty"�. WITNESSETH: WHEREAS, Cynthia Bond Ables, John Henry Bond, III, Jean Doye Stokes and Wayne Stokes, a married couple, Joe P. Doye, Jr. a/k/a Joseph Pierre Doye Jr. and Patricia Ann Doye alk/a Patricia Doye Kendall are the Owner of a tract of land (the "Land") in the John B. Brandon Survey, Abstract Number 1515, Denton County, Texas, being affected by the public improvement projects (i) called the Mayhill Road Widening and Improvements Project ("Mayhill Project"); and (ii) related to the expansion and improvement of the City of Denton Landfill, a permitted municipal solid waste disposal facility (the "Landfill Proj ect") (the Mayhill Project and the Landfill Project are collectively referred to herein as the "Projects"); WHEREAS, City is in need of certain (i) fee simple lands, being a part of the Land; and (ii) an easement, being a part of and encumbering the Land, related to the Projects; 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 Projects; 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 (the "Mayhill Deed"), conveying to the City, subject to the reservations described below, the tract of land being described in Exhibit "A" and depicted in Exhibit "B" to that certain Mayhill Deed, and other interests as prescribed therein (the "Mayhill Fee Lands"), the Mayhill Deed being attached hereto as Attachment 1 and made a part hereof, related to the Mayhill Project; (ii) a Special Warranty Deed (the "Landfill Deed"), conveying to the City, subject to the reservations described below, the tract of land being described in Exhibit "A" and depicted in Exhibit "B", to that certain Landfill Deed, and other interests as prescribed therein (the "Landfill Lands") (the Mayhill Lands and the Landfill Lands are collectively referred to herein as the "Fee Lands"), the Landfill Deed being attached hereto as Attachment 2 and made a part hereof, related to the Landfill Project (the Mayhill Deed and the Landfill Deed are collectively referred to herein as the "Special Warranty Deeds"); and (iii) a Slope Easement (the "Easement"), in, along, upon, under, over and across the tracts of land being described in E�ibit "A" and depicted in Exhibit "B", to that certain Slope Easement (the "Easement Lands"), the Easement being attached hereto as Attachment 3 and made a part hereof, for slope purposes, as more particularly described therein, related to the Mayhill Project. The (i) Special Warranty Deeds shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 1" and "Attachment 2", respectively; and (ii) the Slope Easement shall be in the form and upon the terms as attached hereto and incorporated herein as "Attachment 3" (the Fee Lands and the Easement are collectively referred to herein as the "Property"}. B. Owner, subject to the limitation of such reservation made herein, shall reserve, for themselves, 2 their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Fee Lands. Owner, their heirs, devisees, 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 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 "other 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, p�ocess 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 "other 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" sball 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 Property to the City, the City shall pay jointly to Owner at Closing the sum of Seven Hundred Eighty Five Thousand Thirty Six and No/100 Dollars ($785,036.00). The monetary compensation prescribed in this Section 2 is herein referred to as the "Total Monetary Compensation". 3. The Owner shall convey and grant to the City the Property 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 releases or subordinations of the 3 Encumbrances and other curative efforts affecting the Property, 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 10, 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. 4. Owner stipulates that the Total Monetary Compensation payment constitutes and includes 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 and/or the transactions contemplated by this Agreement, value of, damage to and/or costs of repair, replacement andlor relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of any kind within the Easement Lands, interference with Owner's activities on the Easement Lands or other property interests of Owner caused by or related to activities on the Fee Lands related to the Project and/or activities within the scope of the rights granted by the Easement, whether accruing now or hereafter, and Owner hereby releases for themselves, their heirs, devisees, successors and assigns, the City, it's officers, employees, elected officials, agents and contractors 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. 5. The Closing (herein so called) shall occur in and through the office of Title Resources, LLC, 525 South Loop 288, Suite 125, Denton, Texas, 76205 ("Title Company"), with said Title Company acting as escrow agent, on the date which is 180 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 above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the next resulting business day. 4 6. 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 t�es for the calendar year in which Closing shall occur is not lcnown 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 lcnown. 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 the Closing Date) 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. 7. The date on which this Agreement is executed by the Owner shall be the "Effective Date" of this Agreement. 8.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. 9. 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 5 SOLELY 1N THE COURTS OF COMPETENT JURISDICTION OF DENTON COUNTY, TEXAS. 10. 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 the Easement, Lands, or upon the Owner with respect to the Fee Lands or the Easement Lands, after the date of Closing. 11. Owner, excepting Jean Doye Stokes and Wayne Stokes (herein collectively called the "Section 11 Owners"), represents and warrants to City that (i) the Property comprises no part of the homestead of the Section 11 Owners and their respective spouses; and (ii) the Property is the separate property of the Section 11 Owners or, if community property, that the Section 11 Owners have the legal authority to perform all actions and obligations prescribed by this Agreement without joinder of their respective spouses. 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: Cynthia Bond Ables Phone_ Telecopy: John Henry Bond, III Phone CITY: City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Denton, Texas 76209 Telecopy: (940) 349-8951 f: Jean Doye Stolces and Wayne Stokes, a married couple Phone Joe P. Doye, Jr. a/lc/a Joseph Pierre Doye, Jr. Phone Patricia Ann Doye a/k/a Patricia Doye Kendall Phone 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, Relocation advisory services and relocation financial assistance, if applicable pursuant to Ordinance No. 2012-073 (the "Relocation Ordinance") shall be administered as provided by the Relocation Ordinance, aside and apart from the transactions contemplated by this Agreement. 7 14. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Special Warranty Deeds or Easement. 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 Fee Lands and/or Easement Lands, City may, at its election, terminate this Agreement at any time prior to Closing. 16. This Agreernent may be executed in any number of counterparts, a11 of which taken together shall constitute one and the same agreement, and any of the parties hereto may execute this Agreement by signing any such counterpart. CITY OF DENTON, TEXAS By: GE RGE C. CAMPBELL, CITY MANAGER Date: � , 2013 ATTEST: WALTERS, CI�TY SECRETARY : Date: ,�.�1�.Q 1..(1 L l� , 2013 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � Date: � `' �/ �� , 2013 � OWNER: CYNTHIA BOND ABLES JOHN HENRY BOND, III JEAN DOYE STOKES WAYNE STOKES JOE P. DOYE, JR. A/K/A JOSEPH PIERRE DOYE, JR. PATRICIA ANN DOYE A/K/A PATRICIA DOYE KENDALL Date: 0 2013 RECEIPT OF 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 Revenue Code of 1986, as amended from time to time, and as further set forth in any regulations or forms promulgated thereunder. TITLE COMPANY: Title Resources, LLC 525 South Loop 288, Suite 125 Denton, Texas 76205 Telephone: (940) 381-1006 Telecopy: (940) 898-0121 : Printed Name: Title: Contract receipt date: , 2013 10 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 , (Mayhill Deed) STATE OF TEXAS COUNTY OF DENTON . KNOW ALL MEN BY THESE PRESENTS: That Cynthia Bond Ables, John Henry Bond, III, Jean Doye Stokes and Wayne Stokes, a married couple, Joe P. Doye, Jr. a/lda Joseph Pierre Doye Jr. and Patricia Ann Doye allc/a Patricia Doye Kendall (herein collectively 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" and depicted in Exhibit "B", 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 adj acent 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 "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for themselves, their heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, their heirs, devisees, 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 andlor 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 lcind 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 "other 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 "other 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 surface of the earth. Exceptions to conveyance and warranty: [Insert Permitted Exceptions] Grantor hereby assigns, without recourse or representation, to Grantee, any and all claims and causes of action that Grantor may have for or related to any defects in, or injury to, the Property. Page 2 of 6 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 heirs, devisees, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto 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 day of , 2013. CYNTHIA BOND ABLES JOHN HENRY BOND, III JEAN DOYE STOKES WAYNE STOKES JOE P. DOYE, JR. A/K/A JOSEPH PIERRE DOYE, JR. PATRICIA ANN DOYE A/K/A PATRICIA DOYE KENDALL Page 3 of 6 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2013 by Cynthia Bond Ables. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on , 2013 by John Henry Bond, III. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on , 2013 by Jean Doye Stokes. Notary Public, State of Texas My commission expires: Page 4 of 6 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on , 2013 by Wayne Stolces. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on , 2013 by Joe P. Doye, Jr. a/lc/a Joseph Pierre Doye, Jr. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2013 by Patricia Ann Doye a/k/a Patricia Doye Kendall. Notary Public, State of Texas My commission expires: Page 5 of 6 Upon Filing Return To: The City of Denton-Engineering Attn; Paul Williamson 901-A Texas Street Denton, Texas 76209 Page 6 of 6 Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76201 EXHIBIT "A" - to Special Warranty Deed � rthur Surveying Co., Inc. �°rofesszox�a„F �..�.nd Szu-Fre,�oxs P.O. BoY 54 --- Lewisville, Te.zas 75067 O1Ticc: (972) 221-9439 •-- Fax: (972) 221-�1675 EXHIBIT "A" MAYHILL ROAD PARCEL M134 7.393 Acres City oF Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton County, Texas, and being part of that n•act of land described by deed to John Henry Bond, Jr, et al, recorded under Instrument Number 2004-30989, Official Public Records, Denton County, Texas (O,P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows: COMMENCING at a"PK" Nai] set for the southeast corner of said Bond tract (2004-30989) and the northeast corner of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Itoad; THENCE South 87 degrees 52 minutes 49 seconds West, with the south ]ine of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 82.76 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for the POINT OF BEGINNING; THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 13532 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THEIVCE North O1 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004-30989), a distance of 10.56 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THEIYCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 2312.85 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the right, having a radius of 2068.18 feet; THENCE witli said curve to the right, over and across said Bond tract (2004-30988), having a central angle of O 1 degrees 46 minutes 54 seconds, whose chord bears North 03 degrees 46 minutes 00 seconds East a distance of 6431 feet, having an arc length of 64.31 feet to a"PK" Nail set for corner in Spencer Road, being in the north line of said Bond tract (2004-30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded under Instrument Number 2003-205747, O.P.R.D.C.T.; THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and the south line of said IIaeussler Properties tract, a distance of 135.54 feet to a"PK" Nail set for corner in Spencer Road, same point being the beginning of a non-tangent curve to the left, having a radius of 1932.50 feet; (continued) C1107131-19 Parcel M134 EXHIBIT "A" - to Special Warranty Deed � rthur Surveying Co., Inc. P��ot'essiona3 �.��d Surveyors P.O. Bo� 54 --- Lewisville, TeYas 75067 OYiice: (972) 221-9439 •- Fnx: (972) 221-4675 THENCE with said curve to the left, over and across said Bond tract (2004-30989), through a central angle of 02 degrees 07 minutes 41 seconds, whose chord bears South 03 degrees 56 minutes 24 seconds West a distance of 71.77 feet, having an arc length of 71.78 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2311.63 feet to the POINT OF BEGINNING and containing 7393 acres of land, of which 0.109 acres lie witliin the existing Spencer Road and Mayhill Road. CI107131-19 Parcel M134 +I ,��V I;. EXHIBIT "B" - to Special Warranty Deed " �I. �E. .�. �?z �t , ��. �, �`�. �ir�r�v,e3. .��t.�a�:t LY�,��a��.ex %�� (Variable Widtli ROW) 2�� I.P.F. SPENCER ROAD ..Pr �c.M.� o----�— — — — — — —�-- — — — N88 56'21 "W L�--= _ _ - 155.59' SS '43'23"W 1 76.43' New Right-of-way 7.237 ac. (315,266 sq. ft.) Gas Easement 0.047 ac. (2,027 sq. ft.) Existing Implied Dedication 0.109 ac. (4,758 sq. ft.) 7.393 Acres (322,051 sq. ft.) Parcel M134 , ��r�'��` � �� T' y�{'J� �.;� �i C�:.�: *'> ,` . ��'� ' �4, ,�q� �'��,��, ��3� �� John Henry Bond, Jr et. al. Instr. No.. 2004-30989 Proposed Variable Wldth Slope Easemen Haeussler Properties � � Instr. No. 2003-205747 I I I � �f � S87 52'49"W S85'35�59"W 16 � i• 63� l. R. S. 200.21' — — L3 --�-- I.R.S. !.f 2" P.F. F.C.P.— — (C.M.) � 15' Gas Easement Instr. No. 2008-8�418 � Instr. No. 201i-11316 �I ,1 �,� I �O 1 � I . ��' p N 400 0 200 400 SCALE: 1" = 400' Beariogs shown hereon based on the City of Denton GIS Network. NOTES: • I.P.F. = Iron Pipe Found • LR.F. = 112" Iron Rod Found • I.R.S. = 1/2" [ron Rod Set with yellow cap stamped "Arthur Surveyiug Company" • All improvements not shown hereon. • Easements recorded in Vol. 316, Pg. 8& Vol. 336, Pg. 182 do nat affect this tract �to tl�e best of my know(edge. � Blanket easements recorded in Vol. 354, i Pg. 401 & Vol. 520, Pg. 495 include this tract. L1NE TABLE Ll S87°52'49"W 82.76' L2 S87°52'49"W 135.32' L3 NOl °SO'21 "E 10.56' L4 N89°43'23"E 135.54' John Henry Bond, Jr et. Instr. No, 2004-30988 ��t-»�� va�;;.l� �t�.t ;�.�g .�7,�:�i1'a��- 1�T�ur�1�T.�� Ci i 1 V � �.y'-.�FE$ `o�.,. - Mason A. Haggard & wife, Wilma Haggard I ' ' ' '�8 �u �j�G � • Vol. 337, Pg. 430 (remainder) I EXHIBIT �� Mayhill Road Parcel M134 7.393 acres in the John B. Brandon Survey, Abstract Number 1515 City of Denton Denton County, Texas -- 2012 -- SURVEYORS CERTIFICATION: ! � T6a undeisigued does hue6y ceAllj� to TiQe ��j Resources (6.F. No. 101630 � 102640) that tLis y•/�� survey wes this day mede oa tLe graund of tfie '�/ proputy legally descri6ed Lereon end is corrus end to the 6est of mylmowledge, there are no vLsi6le discrcpauciu, canflictv, shortages in arca, boundery liee cooIIicts, encrosc6menfs, overlapping of impmvementa, easementv arrighG of way that I 5ave been advised of axcep[ es shown hereon. rthur Surveying Co., Inc. ��o�r r�.�a s�yo� P.O.Bog 54 — Lewiaville, Texas 75087 OPfice: (972) 221-9439 Fag: (972) 221-4875 Eatatbliahed 1988 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. SPECIAL WARRANTY DEED (Landfll Deed) STATE OF TEXAS COUNTY OF DENTON . KNOW ALL MEN BY THESE PRESENTS: That Cynthia Bond Ables, John Henry Bond, III, Jean Doye Stolces and Wayne Stolces, a married couple, Joe P. Doye, Jr. a/lc/a Joseph Pierre Doye Jr. and Patricia Ann Doye a/k/a Patricia Doye Kendall (herein collectively 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" and depicted in Exhibit "B", 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 "Property"). Grantor, subject to the limitation of such reservation made herein, reserves, for themselves, their heirs, devisees, successors and assigns a11 oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, their heirs, devisees, 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/ar for subjacent or lateral support for any surface facilities or well bores, or any other infrastructure or improvement of any lcind 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 "other 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 "other 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 surface of the earth. Exceptions to conveyance and warranty: [Insert Permitted Exceptions] Grantor hereby assigns, without recourse or representation, to Grantee, any and all claims and causes of action that Grantor may have for or related to any defects in, or injury to, the Property. Page 2 of 6 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 heirs, devisees, successors and assigns to WARRANT AND FOREVER DEFEND all and singular the Property unto 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 day of , 2013. CYNTHIA BOND ABLES JOHN HENRY BOND, III JEAN DOYE STOKES WAYNE STOKES JOE P. DOYE, JR. A/K/A JOSEPH PIERRE DOYE, JR. PATRICIA ANN DOYE A/KIA PATRICIA DOYE KENDALL Page 3 of 6 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2013 by Cynthia Bond Ables. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2013 by John Henry Bond, III. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on , 2013 by Jean Doye Stolces. Notary Public, State of Texas My commission expires: Page 4 of 6 , ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2013 by Wayne Stokes. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2013 by Joe P. Doye, Jr. a/k/a Joseph Pierre Doye, Jr. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on , 2013 by Patricia Ann Doye a!k/a Patricia Doye Kendall. Notary Public, State of Texas My commission expires: Page 5 of 6 Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, Texas 76209 Page 6 of 6 Property Tax Bills To: City of Denton Finance Department 215 E. McKinney Street Denton, Texas 76241 EXHIBIT "A" - to Special Warranty Deed rthur Surveying Co., Inc. �xof�sszoxaia.� �..�,zz�d Szxz�re,�oxs P.O. Bos 54 —• Lewisville, Te�as 75�67 Otlice: (972) 221-9439 -� Fax: (972) 221-�1Fi75 EXHIBIT "A" MUNICIPAL USE TRACT 4.508 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30989, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows: BEGINNING at a"PK" Nail set for the southeast corner of said Bond tract (2004-30989) and the northeast corner of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Road; THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 82.76 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for corner; THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tracts, a distance of 2311.63 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner at the beginning of a curve to the right, having a radius of 1932.50 feet; THENCE over and across said Bond tract (2004-30989), with said curve to the right, through a central angle of 02 degrees 07 minutes 41 seconds, whose chord bears North 03 degrees 56 minutes 24 seconds East a distance of 71.77 feet, having an arc length of 71.78 feet to a"PK" Nail set for corner in the north line of said Bond tract (2004- 30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded under Insirument Number 2003-205747, O.P.R.D.C.T., same point being in Spencer Road; THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and the south line of said Haeussler Properties tract, a distance of 81.24 feet to a"PK" Nail set for the northeast corner of said Bond tract (2004-30989), same point being in the existing Mayhill Road; THENCE South 02 degrees 52 minutes 34 seconds West, with the east line of said Bond tracts, a distance of 2380.65 feet to the POINT OF BEGINNING and containing 4.508 acres of land, of which 1.660 acres lie within existing Mayhill Road and Spencer Road. A� ��P,� U�, ��,;�� ,/�`v ..+�91iN Rfl Rl1S �� . . ..} . ...�,�. ..�r,:� . ` V \ � `'•..,. g;��• ��' � �� .� C1107131-19 Parcel M134 Municipal Use tract - Li A.t11�S11 •� n•�- to �peciai w arranry lieea � M. E. P. �i P. �2. I2. Co. ��arzrey Abstract l�um�er �2�' Haeussler Properties (Variable Widtli ROW) I Instr. No. 2003-205747 � SPENCER ROAD � ., 2' l.P.F. — � PK" Nar! (C.M.) Set 0--�— — — — — — — —�q— — —Cl N88'56'21'�W LL= .— _ _ — 155.59' S8 '43'23"W 1 76.43' � �� New Municipal Use Tract 2.042 ac. (88,949 sq. ft.) � II Existing Implied Dedication 1.660 ac. (72,289 sq. ft.) � Gas Easement 0.806 ac. (35,117 sq. ft.) 4.508 Acres (196,355 sq. ft.) 1 �� Municipal Use Tract �� 9 �I �� ,� � � , �r �'.y�.`�� '�4�'� � �� P��'� �� .�°L�� I � '�' '�' � � � I �� ' 'I �� I �� I e'I G � ',� 9 M II C" Nail Set N —Proposed ROW Parcel M134 400 0 200 400 Implied � Existing fi—Fence � 15' Gas Easement �Instr. No. 2008-80418 Instr. No. 2011-11316 � 1 I 1 Ie �� `V 1 j �j� � ��r M John Henry Bond, Jr I �I� o et. al. �'� �� Instr. No. 2004-30989 � � � 1� i i S87'5 '49"W 167 .63' S85'35�59"W 200.21 ' — — — — — 2" . P.F. F. C. P. (c. M.) � �O � x �� F�I� �`_' di SCALE: 1" = 400' Bearings shown hereon based on the City of Denton GIS Network. NOTES: • LP.F. _ [ron Pipe Found • I.R.F. = U2" Iron Rod Found • I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. • Easements recorded in Vol. 316, Pg. 8& VoL 336, Pg. 182 do not affect this iract ��to the best of my knowledge. � Blanket easements recorded in Vol. 354, �y° ,��j Pg. 401 & Vol. 520, Pg. 495 include tliis ��q�4 �� o� �� ,'' j ' Existing i Residence � I 11� tract. L1NE TA.BLE Ll S87°52'49"W 82.76' L2 N89°43'23'B 81.24' _L.--.�;-]� � John Henry Bond, Jr et. al. I I� Instr. No. 2004-30988 I � CURVE TABLE � �I 1 # Radius Len De1ta � �� ,�I Cl 1932.50' 71.78' 02° 7'41" N0� I I ` II � ',��►.�l� 3'��• �, � � � P 4 B ��:: ��;�� =. �.. � �� . . . �:4�.c� � �'�c�'�, ,� � ., � "PK" Nail ��,��HM.NI._RUS.`'.�CL.}..,. I.R.S. L Set _:'�3,, 530,.rt �{ „ ► t "�A,;�� tS�� ,:. I�avid �oug�i �iarvey, l�bs�rac�- 1�Tua-raber S�� i 'o � Mason A. Haggard & wife, Wilma Haggard I �� Vol. 337, Pg. 430 (remainder) �� EXHIBIT "B" Municipal Use Tract 4.508 acres in the John B. Brandon Survey, Abstract Number 1515 City of Denton Denton County, Texas -- 2012 -- SURVEYORS CERTTFICATION: � The uudetsigned does Lereby cectify to Tide � w Resaurces (O.F. No. ] 02630.� 102640) t6at this , 4 survey wss tLia day mede on the ground of the � , pmperty IegaUy described hereon and ia correcS srtd to the 6est oFmy lmawledge, thue are uo visi6fe discrepancies, contlicts, shorfsges in area, 6oundary line conflicts, encroachments, overlapping of improvemenb, easemenfs orrights ofway that! have been advised of except av sLown hereon. rthur Surveying Co., I nc. Prorrssiona.t r,ana surveyors P.O.Boa 54 — Le�riaville, Tegas 75067 Office: (972) 221-9439 Fax: (972) 221-4675 Eatatblished 1986 s:llegallour documentslcontracts\131bond-stokes et al slope easement.doc 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 PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SLOPE EASEMENT THE STATE OF TEXAS . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Cynthia Bond Ables, John Henry Bond, III, Jean Doye Stokes and Wayne Stolces, a married couple, Joe P. Doye, Jr. a/k/a Joseph Pierre Doye, Jr. and Patricia Ann Doye a/k/a Patricia Doye Kendall (collectively, "Grantor"), 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 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 John B. Brandon Survey, Abstract Number 1515, to wit: � PROPERTY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining lateral slope 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, workmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said 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 lcind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, upon, under, over or across the Property by Grantor. 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 kind, 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 Grantee'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: CYNTHIA BOND ABLES JOHN HENRY BOND, III JEAN DOYE STOKES WAYNE STOKES JOE P. DOYE, JR. A/K/A JOSEPH PIERRE DOYE, JR. PATRICIA ANN DOYE A/K/A PATRICIA DOYE KENDALL ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on , 2013 by Cynthia Bond Ables. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2013 by John Henry Bond, III. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on , 2013 by Jean Doye Stokes. Notary Public, State of Texas My commission expires: 4 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on Stokes. THE STATE OF TEXAS § COUNTY OF DENTON § 2013 by Wayne Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT This instrument was acicnowledged before me on Doye, Jr. a/k/a Joseph Pierre Doye, Jr. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on Ann Doye a/k/a Patricia Doye Kendall. 5 2013 by Joe P. 2013 by Patricia 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 EXHIBIT "A" - to Slope Easement rthur Surveying Co., I nc. .�Pxof�ess.ion�.�t �..�d Srzrve,yozs P.O. Bot 54 --• Lewisville, Texas 75067 OlYice: (972) 221-9439 �-- Fas: (972) 221-4675 EXHIBIT "A" MAYHILL ROAD SLOPE EASEMENT 0.804 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the John B. Brandon Survey, Abstract Number 1515, City of Denton, Denton County, Texas, and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30989, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being part of that tract of land described by deed to John Henry Bond, Jr. et al, recorded under Instrument Number 2004-30988, O.P.R.D.C.T., and being more particularly described as follows: COMMENCING at a"PK" Nail set for the southeast corner of said Bond tract (2004-30989) and the northeast corner of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being in Mayhill Road; THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 218.08 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (A.S.C.) set for the POINT OF BEGIIVNING; THENCE South 87 degrees 52 minutes 49 seconds West, with the south line of said Bond tract (2004-30989) and the north line of said Haggard tract, a distance of 10.02 feet to a point for corner; THENCE North O1 degrees 50 minutes 21 seconds East, over and across said Bond tract (2004-30989), a distance of 11.35 feet to a point for corner; THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond h•acts, a distance of 834.81 feet to a point for corner; THENCE North 87 degrees 07 minutes 27 seconds West, over and across said Bond tract (2004-30989), a distance of 5.00 feet to a point for corner; THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Bond tract (2004-30989), a distance of 1144.51 feet to a point for corner; THENCE North 00 degrees 22 minutes 33 seconds East, over and across said Bond tract (2004-30989), a distance of 396.47 feet to a point.for corner in the north line of said Bond tract (2004-30989) and the south line of a tract of land described by deed to Haeussler Properties, recorded under Instrument Number 2003-205747, O.P.R.D.C.T., same point being in Spencer Road; THENCE North 89 degrees 43 minutes 23 seconds East, with the north line of said Bond tract (2004-30989) and the south line of said Haeussler Properties tract, a distance of 33.34 feet to a"FK" Nail set for corner in Spencer Road, same point being the beginning of a non-tangent curve to the left, having a radius of 2068. ] 8 feet; (continued) C1107131-19 Parcel M134 Slope Easement EXHIBIT "A" - to Slope Easement rthur Surveying Co., I nc. PxaFess.ior,eal �,asz�d Sus-sreyors P.O. Box 54 � Lewisville, Texas 75067 011ice: (972) 221-9439 �- Fxx: (972) 221-t1675 THENCE with said curve to the left, over and across said Bond tract (2004-30989), through a central angle of O 1 degrees 46 minutes 54 seconds, whose chord bears South 03 degrees 46 minutes 00 seconds West a distance of 64.31 feet, having an arc length of 64.31 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE South 02 degrees 52 minutes 33 seconds West, over and across said Bond tracts, a distance of 2312.85 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South O1 degrees 50 minutes 21 seconds West, over and across said Bond tract (2004-30989), a distance of 10.56 feet to the POINT OF BEGINNING and containing 0.804 acres of land. � � ��f�' �'��. � �t�r�;� ��„��, :,�� :� M �i; ►ti::��;� �::=;�:�' �� t�f ��-�� _ ;�, �•��• '°�`�' � � ��, ��_: C1107131-19 Parcel M134 Slope Easement \� � , �o ' �� EXHIBIT "B" - to Slope Easement M. E. P. & P. R. R. Co. Sura�ey 1�bstract Numlber 927 I (Variable Width ROVi� � 2��M� SPENCER ROAD ' L: a—+---- -- --,t--- N88'56'21 "W L�—= _ —� 155.59' S8 '43'23°W 1 76.43' M � I N II o ��I g Mf' � �� 5 �� P�� 4 ��,�� o��y�� 0.804 Acre ISlope Easement (35,041 sq. ft.) .�o�� John Henry Bond, Jr et. al. Instr. No. 2004-30989 S87'S2'49"W S85'35'59"W 1672.63� L3 � 200.21 _ — — L 2" .P.F. F.C.P. _ — (c.n.t.) Haeussler Properties �—Instr. No. 2003-205747 I � � 15' Gos Easement Instr. No. 2008-80418 � � Instr. No. 2011-113i6 p N 400 0 200 400 SCALE: 1" = 400' Bearings shown hereon based on the City of Denton GI5 Network. I NOTES: • I.P.F. = Iron Pipe Found • I.R.F. = 1/2" Iron Rod Found � . I.R.S. = 1/2" Iron Rod Set with � � yello�v cap stamped "Arthur I 5urveying Company" • All improvements not shown hereou. Q� • Easements �corded in Vol. 316, Pg. 8& � a x0 Vol. 336, Pg. l82 do not affect this tract � to the best of my knowledge. w— v ,,1�'�� Blanket easements recorded in Vol. 354, —�3 �.�4,��j Pg. 401 & Vol. 520, Pg. 495 include this °' _ � tract. John Henry Bond, Jr et. Instr. No. 2004-30988 } D�vid �Ioug�i Survey, Albstrac� lalumber G46 i V u • ��••�� Mason A. Haggard & wife, Wilma Haggard 1'�' L� �� 01� Vol, 337, Pg. 430 (rematnder) I ;, i} � EXHIBIT "B" Slope Easement Mayhill Road Project 0.804 acres in the John B. Brandon Survey, Abstract Number 1515 City of Denton Denton County, Texas -- Zo�2 -- 3URVEYORS CERTIFICATLON: The undersigned daes here6y certitj� to Tille O� Resources (GF. No.102630 �& ] 02640) t6et this A. aurvey was tl�ia day mnde on �ha ground of tLe � V property tegaily descri6ed Lereon and ts correct, end ' n � m rhe best ofmyknowladgo, thero sre no visi6le Ij� discrepeuctes, coaIIicb, s6ormges in area, 6oundery line conHicts, wcroachments, overlapping of improvemeets, easemenfs orrlgfits afway thet I Lava been advlsed of ezcept av shown hereon. rthur Surveying Co., Inc. �r+r��o�.r �a s�� P.O.Bos 54 — Le�►isville, Te=as 75087 Office: (972) 221-9439 Faz: (972) 221-4675 Eatatblished 1986