The URL can be used to link to this page

2013-180s:llegal\our documentslordinances113�haggard acquisition ordinance.doc ORDINANCE NO. 2� 13-1 g� AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIRE (I) FEE SIMPLE TO A 1.029 ACRE TRACT (THE "MAYHILL TRACT"); (II) FEE SIMPLE TO A 0.624 ACRE TRACT (THE "LANDFILL TRACT"); AND (III) A SLOPE EASEMENT (HEREIN SO CALLED), ENCUMBERING A 0.076 ACRE TRACT, EACH AFFECTED TRACT LOCATED 1N THE DAVID HOUGH SURVEY, ABSTRACT NUMBER 646, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, LOCATED GENERALLY IN THE 1900 BLOCK OF SOUTH MAYHILL ROAD (THE "PROPERTY 1NTERESTS"), 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) WILMA M. HAGGARD (THE "OWNER"); (2) SUCCESSORS 1N 1NTEREST TO THE OWNER TO THE PROPERTY 1NTERESTS; OR (3) ANY OTHER OWNERS OF THE PROPERTY INTERESTS, AS MAY BE APPLICABLE, TO PURCHASE THE PROPERTY 1NTERESTS FOR THE PURCHASE PRICE OF ONE HUNDRED THIRTY THREE THOUSAND EIGHT HUNDRED FIFTY NINE DOLLARS AND NO CENTS ($133,859.00), AND OTHER CONSIDER.ATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 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 (a) execute for and behalf of the City (i) the Agreement, by and between the City and Owner, or other owners of the Property Interests, as applicable, in the form attached hereto and made a part hereof as Exhibit "B", with a purchase price of $133,859.00 and other consideration, plus costs and expenses, all as prescribed in the Agreement; and (ii) any other documents necessary for closing the transaction contemplated by the Agreement; and (b) to make expenditures in accordance with the terms of the Agreement. SECTION 4. The City Manager, or his designee, is directed, by certified mail, return receipt requested, to disclose to Owner, 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 5. The offer to Owner, or other owners of the Property Interests, as applicable, shall be made in accordance with all applicable law. SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of � ( , 2013. A'1"1'�S"1': JENNIFER WALTERS, CITY SECRETARY By: ,-�: i APPR ED AS O LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: EXHIBIT "A" - to Ordinance (Property Interests) � rthur Surveying Co., I nc. Px�a.�'essiors� �..��d Surv�,yors P.O. Boa 54 --• Lewisville, Tett�s 75067 OtTicc: (972) 221-9�139 •— Faac: (972) 221-4675 EXHIBIT "A" MAYHILL ROAD PARCEL M13G 1.029 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being a part of that certain 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 more particular(y described as follows: COMMENCING at a 1/2 incli iron rod found for corner in the east line of said Haggard tract and the northeast corner of a tract of land described by deed to Richard A. Greb and wife, Nancy A. Greb, recorded under Instrument Number 2006-100770, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being in the existing Mayhifl Road; THENCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 80.31 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveyiug Company" (ASC) set for the PO[NT OF BEGINNING; THEI�iCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 135.17 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North O 1 degrees 50 minutes 21 seconds East, over and across said EIaggard tract, a distance of 330.88 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Haggard tract and the south line of a tract of land described by deed to dohn Henry Bond, etal., recorded under Instru�nent Number 2004-30989, O.P.R.D.C.T.; THEIYCE North 87 degrees 52 minutes 49 seconds East, with the north line of said Haggard tract and the south line of said Bond tract, a distance of 135.32 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE 5outh Ol degrees 50 minutes 21 seconds West, over and across said Haggard tract, a distance of 333.40 feet to the POINT OF BEGINNING and containiug 1.029 acres of land. ��,�� ry C1107131-27 Parcel M136 �. ��,;"'.�, ,,-= �-'.._ , .^� : ` .Z5�1 ; �� CJS,'Y �. K�.,•4' a� •�c''� .j ,r. ��; }, ;"d� ,�.y!„• .,.:,h , •.. �. �:� ta�u�� s"� � �:s; .f��:,1�:.� ` , . ?�`^��.,.Q��;-� '�" .a,-, .�; _,L,�.,�� ,,�t�`� ._ . ��L'� ri�K,��i:�. ��. EXHIBIT "A" - to Ordinance (Property Interests) �� a � ��,�5 � .� ��y�� . `��i-�'�^y�� InstnHNor 20 4a30989 � �i • �c 4; ;, C'}��1�. N87 52'49�E 135.� --�'-- I.R.S. I.R.� � � � � ' � I� �� 0o I � 1.029 Acres Mason A. Haggard & M� wife, Wilma Haggard W� Parcel M136 Volume 337, Page 430;�I (44,839 sq. ft.) (remoinder) N I ol � zl F��'� I � 1 -�. iI '��.� � � �,f,. S88 56'S3"W � �'�� 468, 68' � I.R.S. I.R.S. -�i �� °-'-' ,�r�3 sss°s6�s3°W 135.1T 5�8„ !. R. F. ��^�j� o�} ',- ,;.',�''�� - Po . {\. . . ��`> �? Richard A Greb & wife, Nancy A Greb Instr. No. 2006-100770 Mayhill Road Parcel M136 i .029 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas -- 2D 12 -- I.R.F. I I i �! W � ,�� N M� 4�� ° I e� � o � � ,�'��3��' I �.�� . Z �4i�� %K I � �'��5,x� 100 0 50 100 � `� "PK" Noil 87'52'��E 5et 82. 76�, �--ll' Gas Eosement I Instr. No. 2006-64790 � 7P&L Easement � i voi. �so, Pg. 620 � _ � 9 v�,� ° I Qj ml , �� i�� Y NI � o i p � �� o I �� I I �? I °- � �+ ' ° � � ► � , p, � � _ � � "I��i�IL-� 3 �o �a o^ � C,I.R.F. SCALE: 1" = 100' Dearings shown hereon based on the City of Denton G[S Network. NOTES: • LR.F. _ [ron Rod Found • C.I.R.F. = S/8" Iron Rod Found with cap sta�nped "Cotton 3urveying", • I.R.S. = l/2" [ron Rod Set with yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. • Easement recorded in Vol. 336, Pg, 367 does not affect this tract to the best of my knowledge. • Easement recorded in Vol. 341, Pg. 222 assigued in Vol. 367, Pg. 242 is cen[ered on a pipeline no[ specifically located. • Blanket Easement•recorded in Vol. 357, Pg. 54 includes this tract. SURVEYORS CERTIFICATION: Tlie undersi�ed does hereby certify to Title Resourcea (G.F. No. 121698) ihet tLts survey was Hus day made an the ground of the property legally described hereon end is cortect, avd W the bestof myknowledge, there are no visible discrepencies, conflicls, shortages in area, bouuderyline mnflicta, encroachments, averlapping ofimprovemrnts, easemenfs orrights ofway N�et I Lave 6een advised of excep[ as ahown LeteoQ. rthur Surveying Co., Inc. Priofessionel Land Surveyors P.O.Bog 54 — Le�visville, Texas 75067 Office: (972) 221-9439 Fas: (972) 221-4675 Estatblished 1988 EXHIBIT "A" - to Ordinance �Property Interests) � rthur Surveyir�g Co., I nc. .�Yx�fess.ion�.T �..ax��d Surveyors P.O. Bo1 54 �• Lewisville, Texas 75067 OLYicc: (972) 221-9439 -- Fax: (972) 221-e1675 EXHIBIT "A" MUNICIPAL USE TRACT 0.624 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being a part of that certain tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volu�ne 337, Page 430, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINLVING at a 1/2 inch iron rod found for corner in the east line of said Haggard tract and the northeast corner of a tract of land described by deed to Richard A. Greb and wife, Nancy A. Greb, recorded under [nstrument Number 2006-100770, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being in the existing Mayhill Road; THEIYCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 80.31 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for corner; THENCE North O 1 degrees 50 minutes 21 seconds East, over and across said Haggard tract, a distance of 333.40 feet to a 1/2 inch iron rod with yellow cap statnped "ASC" set for corner in the north line of said Haggard tract and the south line of a tract of land described by deed to John Henry Bond, etal., recorded under Instrutnent Number 2004-30989, O.P.R.D.C.T.; THEI�iCE North 87 degrees 52 minutes 49 seconds East, with the north line of said Haggard tract and the south line of said Bond tract, a distance of 82.76 feet to a"PK" Nail set for the northeast corner of said Haggard tract and the southeast corner of said Bond tract, same point being in the existing Mayhill Road; THENCE South 02 degrees 14 minutes 30 seconds West, with the east line of said Haggard tract, and witll the existing Mayhill Road, a distance of 335:07 feet to the POINT OF BEGINNING and containing 0.624 acres of land, of which 0.230 acres lie within the existing Mayhill Road. �� ~ 'Y � �. �,\ C1107131-27 Parcel M136 Municipal Use Tract . - �,,..-; ., �.` � � � `" � �� . �,'•� .c F'..:• ��'j�tR :;i � �, �,: �,F; � csd .,tf � E ......: ... ..........:...... JON�� , �;�ELI_ .. .•' �.e��ti v'.. . `'�'r��6s5��C�� tli� _ � EXHIBIT "A" - to Ordinance �Property Interests) 9 �� 4 G�� b°� �$ �. ��rg4.°l ,�'r� John Henry Hond, etal. �'� Instr. No. 2004-309B9 � G�' 3�� 5�� P' ---_—___.�.� ��' "' .—I.R.S —•—•—'—'"—' ' �� ]5' Gas�Easement—� ( Instr. No. 2006-6 4 790 I (5,005 sq, ft.) o <r M New Municipal Use Tract 0.279 ac. (12,149 sq. ft.) `� Existing Implied Dedication 0,230 ac. (10,042 sq. tt.) Gas Easement 0.115 ac. (5,005 sq. ft.) � 0.624 Acres (27,196 sq. ft.) Municipal Use Tract I � �� Mason A. Haggard & I ''m9�' wife, Wilma Haggard ��'� Volume 337, Page 430 (remolnder) G�' 1 �5�� j 5.88�56�53I�W Proposed Parcel M136 �.1 603.85 � R o- - - �� •---�-�-�-Y-�.=� 5/a" '�' cR.F ��' �� Va Richard A Greb k wife, Nancy A Greb Instr. No. 2008-100770 Municipal Use Tract 0.624 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas -- 2012 -- I.R.F. I i i w �� I O N O � z I �°52'��E � 82.7 � "PK" Nail ; ° Set � ,I�.— � � � � W I � � I � z � � � II � � s. J S88°56' 3" 80.3 ' 3 M O rn� �^ C.I, R. F. / �o °' i m (y I M 0 o ' o � � I � � o t �° �a � I� 1� 'o I� �Q�� 3 �� "�� ioo o so too Exist(ng Fence —7P&L fosement Vol. 190, Pg. 620 I.R.F. � �O o: b �3 F--i � �� SCALE: l" = l00' Bearings shown hereon based on tlie City of Denton GIS Netti�ork. NOTES: • I.R.F. _ [ron Rod Found • C.I.R.F. = 5/8" fron Rod Found with cap stamped "Cotton Surveying". • LR.S. = 1/2" Iron Rod Set with yello�v cap stamped "Arthur Surveying Company" • All improvements not shown hereon. • Easement recorded in Vol. 33fi, Pg. 367 does not affect this tract to the best of my knowledge. • Easement recorded in Vol. 341, Pg. 222 assigned in Vol. 367, Pg. 242 is centered on a pipeline not specifically located. • Bla�iket Easement recorded in Vol. 357, Pg. 54 includes this tract. t 1 � � ' C`��T''` •` �' �� . �+i�P;��•y�ST��G `s� , Q � . .... :...........................:.,.. ��H�V M. Nt.�S��l.! ...� ...�. .. ... ...... ...........� � '�`�. �J:�nc �! � �O� �• o�N N SURVEYORS CERTIFICA7TON: The underslgoed does hereby cectify to Title Resources (G.F, No. 12I698) tLat this survey was this day made on the ground of the pmperty legelly descri6ed hereon end is correct, aad W the best of myknowledge, there are no visible discrepencies, contlicta, shorleges In area, boundary line contlicfs, encroachments, overlapping ofimprovements, easemeats ar rights of way the[ I heve been advlsed of excep[ as s6own hereon. rthur Surveying Co., I nc. Fi�ofessional Land Surveyoss P.O.Hox 54 — Le�riaville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4875 Estatblished 1986 EXHIBIT "A" - to Ordinance (Property Interests) � rthur Surveyi�lg Co., Inc. Px•o�essior�a.Y Y..ar�,d Sura��,yo�z�s P.O. Bo� 54 --- Le��visville, Te�as 75067 Otlicc: (972) 221-9439 •� Fax: (972) 221-4E>75 EXHIBIT "A" 10' SLOPE EASEMENT MAYHILL ROAD PIaOJECT 0.076 Acres City of Denton, Denton Cdunty, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being a part of that certain 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 more particularly described as follows: COMMENCING at a U2 inch iron rod found for corner in the eas�: line of said Haggard tract and the northeast corner of a tract of ]and described by deed to Richard A. Greb and wife, Nancy A. Greb, recorded under Instrument Number 2006-100770, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being in the existing Mayhill Road; THENCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 215.48 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the POINT OF BEGINNING; THENCE South 88 degrees 56 tninutes 53 seconds West, with the north line of said Greb tract, a distance of lO.OI feet to a point for coiner; THENCE North O1 degrees 50 minutes 21 seconds East, over and across said Haggard tract, a distance of 330.69 feet to a point for corner in the north line of said I-Iaggard tract and the south line of a tract of land described by deed to John Henry Bond, etal., recorded under Insn•ument Number 2004-30989, O.P.R.D.C.T.; THENCE North 87 degi'ees 52 minutes 49 seconds East, with the north line of said Haggard tract and the south line of said Bond tract, a distance of 10.02 feet to a 1!2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South O1 degrees 50 minutes 2l seconds West, over and across said Haggard tract, a distance of 330.88 feet to the POINT OF BEGINNING and containing 0.076 acres of land. °��o;�' �� ', � �� .� �•� ,� � ��,o� tF ��;,,�°�:�� . �x,�°� �:�- -,,..�'V� �� I R ., \��" „ .,'.�. �. , �� :I�!_fl�&..E��;`�, =�:'�-; �`��sp!�� , ,` �,'o`�`,,,.�tf,.,.,, . ..... .;. \��.?�1' `��I� I� C1107131-27 Parcel M136 Slope Easement EXHIBIT "A" - to OrdinancE (Property Interests) �� '� ��``� ,�iSf' �� 7ohn Henry Bond, etal. "� ��,1y Instr. No. 2004-30989 �i s� n�x �5�� I.R.F. W � `a ^ O o `�' °o `O z L2 ------�'--�S-- N87'S2'�9"� �— � � 218.0 � �I � �� I �� 10' Slope Easement I"�1 0.076 Acres � (3,308 sq. ft.) �I'� I b� �°? 0 M Mason A, Haggard & "'I'�' `�5+��'� � wife, Wilma I-�aggard W L� ��' I Volume 337, Page 430 N� N 5��4 � (remainder) o i io Q�o4� i zl I� �� I 0 I �s ��'�' i d> I� � .e.�.s' I I��,�;��' i S88'S6'S3"W �� 458.67� _ I — �� I.R.S. L _-- �— — �, 7 — — — —588'58'S3"W 5/8" •"� � 215. 48' I.R.F. 4i�'` L1 ti��} 3 ,�� P.O. B. �o k.. r �O� '1� „� � �' �.,,• �� Richard A. Greb & wife, Nancy A. Greb Instr. No. 2008-100770 C.1. R. F. 1 �' Slope Easement Mayhill Road Project 0.076 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas -- 2012 -- I 1 1 I 1 I i 1 I I � i I i � F. ,p ,.�. �,-�t�,��1� � / �� Qg�� 1�,��. ��,� �' 1_ �?��5��. �� too o s0 �oo Nail � �O � �� F�1 ro �? Qi � SCALE: 1" = 100' Bearings shown hereon based on the City of Denton GIS Network. NOTES: • I.R.F. = Iron Rod Found • C.I.R.F, = 5/8" Iran Rod Found �vith cap stamped "Cotton Surveying". • [.R.S. = U2° Iron Rod Set with yellow cap stamped "Arthur 5urveying Company" • All improvements not shown hereon. LINE TABLE L 1 S88°56'S3 "W 10.01' L2 N87°52'49"E 10.02' ��f�, �:�`� ,. � �,�\1 SURVEYORS CERTII7CATION: T6a uadersigned does here6y certify to tLe[ this �� survey wes tLis day made on tLe ground of ihe property legelly descri6ed hereon and is camct, and to t5e best ofmyknowledga, ffiere are uo visibla discrepancles, coafllcts, sLoitages 1n erea, boundery . line conflic[a, encroachments, oveAapping of improvements, easements ornghts ofway that f 5ave been advlsed of except aa shown herean. rthur Surveying Co., Inc. Pr�fessional I,ana surveyors P.O.Hox 64 — Le�visville, Tesas 750B7 Office: (972) 221-9439 Faa: (972) 221-4675 Estatblished 1986 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 �J 6G `G � , 2013, but effective as of the date provided below, between Wilma M. Haggard (referred to herein as "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, Wilma M. Haggard is the Owner of a tract of land (the "Land") in the David Hough Survey, Abstract Number 646, 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 Project") (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 tract of land being described in Exhibit "A" and depicted in E�chibit "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 herself, her 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, her 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 2 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 miner�ls 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, tanlcs or tanlc 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 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" shall include the area from the surface of the earth to a depth of five hundred feet (500') below the surface of the earth and all areas above the surface of the earth. 2. As consideration for the granting and conveying of the Property to the City, the City shall pay to Owner at Closing the sum of One Hundred Thirty Three Thousand Eight Hundred Fifty Nine and No/100 Dollars ($133,859.00). 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 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 sha11 not be a default hereunder, although Owner may otherwise be in default under Section 10, 3 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 and/or 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 herself, her heirs, devisees, successors and assigns, the City, it's officers, employees, elected officials, agents and contractors from and against any and a11 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 90 days after the Effective Date, unless the Owner and the City mutually agree, in writing, to an earlier or later date ("Closing Date"). In the event the Closing Date, as described above, occurs on a Saturday, Sunday or Denton County holiday, the Closing Date shall be the next resulting business day. 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 taxes for the calendar year in which Closing shall occur is not lcnown as of the 4 Closing Date, the proration sha11 be based on the amount of taxes due and payable with respect to the Fee Lands for the preceding calendar year, and shall be readjusted in cash as soon as the amount of taxes levied against the Fee Lands for the calendar year in which Closing shall occur is known. The result of such proration is that the Owner shall pay for those taxes attributable to the period of time prior to the Closing Date (including, but not limited to, subsequent assessments for prior years due to change of land usage or ownership occurring prior to 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 IN DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER SHALL LIE 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 5 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. 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: C�]iJ/�l�l� Wilma M. Haggard Phone_ Telecopy: Copies to: For Owner: Telecopy: 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 12. 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. 13. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Special Warranty Deeds or Easement. � 14, 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 talcing 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. 15. Authority to take any actions that are to be, or may be, talcen by City under this Agreement, including without limitation, adjusting the Closing Date of this Agreement are hereby delegated by City, pursuant to action by the City Council of Denton, Texas, to Franlc Payne, City Engineer of City, or his designee. CITY OF DENTON, TEXAS By: GEORGE . CAMPBELL, CITY MANAGER Date: `/ � � � , 2013 ATTEST: JENNIFER WALTERS, ,�ITY SECRETARY : Date: ��,XaX.J��t � l � , 2013 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: � Date: � `�y �f , 2013 7 OWNER: WILMA M. HAGGARD Date: , 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) 3 81-1006 Telecopy: (940) 898-0121 : Printed Name: Title: Contract receipt date: , 2013 � 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 SEFORE 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 Wilma M. Haggard, a single woman (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acicnowledged 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 herself, her heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, her heirs, devisees, successors and assigns sha11 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 andlor 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 tertn "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. 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 Page 2 of 3 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 THE STATE OF TEXAS COUNTY OF DENTON day of � � 2013. WILMA M. HAGGARD ACKNOWLEDGMENT This instrument was acicnowledged before me on , 2013 by Wilma M. Haggard. Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, Texas 76209 Page 3 of 3 Notary Public, State of Texas My commission expires: 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., I nc. Pr•ofessioarxaY �..axzd Sazz-Fr�,g�ors P.O, Bos 54 —� Le�visville, Texfls 75�67 Otiicu: (972) 221-9439 •� Fax: (972) 221-4675 EXHIBIT "A" MAYHILL ROAD PARCEL M136 1.029 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being a part of that certain tract of land described by deed to Mason A. Haggard and wife, Wiltna Haggard, recorded in Volume 337, Page 430, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found for corner in the east (ine of said Haggard tract and the northeast corner of a tract of land described by deed to Richard A. Greb and wife, Nancy A. Greb, recorded under Instrument Number 2006-100770, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being in the existing Mayhill Road; THEIVCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 80.31 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the POINT OF BEGINNING; THEI�iCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 135.17 feet to a 1/2 inch iron rod with yellow cap sta►nped "ASC" set for corner; THENCE North O1 degrees 50 minutes 21 seconds East, over and across said Haggard tract, a distance of 330.88 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer in the north line of said Haggard tract and the south line of a tract of ]and descriUed by deed to dohn Henry Bond, etal., recorded under Instrument Number 2004-30989, O.P.R.D.C.T.; THELVCE North 87 degrees 52 minutes 49 seconds East, with the north line of said Haggard tract and the south line of said Bond tract, a distance of 135.32 feet to a 1/2 inch iron rod with yellow cap stamped "A5C" set for corner; THENCE South O1 degrees SO minutes 21 seconds West, over and across said Haggard tract, a distance of 333.40 feet to the P�INT OF BEGINNING and containing 1.029 acres of land. ��1y � �, C1107131-27 Parcel M136 � EXHIBIT "B" - to Special Warranty Deed S jRil' �� ,9 � ' � �Y�� '��y'`� John Henry Bond, etaL Instr. No. 2004-30989 r,� � . ,` ,� .ty�+r� , �J`'�#�'� ti �.� N87°52'49"E 135.32' ��r� --�–" I.R,S. I.R.S � �� , � �� 0o I Mason A. Haggard & M� 1.029 Acres i wife, Wilma Haggard W� Parcel M136 Volume 337, Page 430;�I (44,839 sq. ft.) (remainder) p' 0 1 .., � Z � � � �� "� �� I I ��ti�� u , S88'S6'S3"W I �'�� 468.68' � � I.R. S. I.R, S. ��.�� 5/� - - � ti�4�* S88 °56'S3 "W 135.17' r.R.F. �;�` L� . ,;`�� i�� P. 0. �}�`I�r� Richard A Greb & wife, Nancy A Greb Instr. No. 2006-100770 EXHIB IT "B " Mayhill Road Parcel M136 1.029 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas -- 2012 -- 1. R. F. I I I '��1(j � W 7 �� I t��,�J o � I ��3�� .y-��,�� j °z I �� 1 I °�� r�K � ��gv1� t00 0 50 l00 �.. �.�,� 87'S2��J��E Set 82. 76�• �—il' Gas Eosement I Instr. No. 2006-64790 � ,y�--1P&L Eosemen t I 1V � Uol. 190, Pg. 620 � i � 9 �� ° I Q IMI � �� I i � = I .c NI !� � � I o i F,~„� :n �I `� � I I �� I � � � ' ° � � � � � P. � � � �88'S6°{3"W –1-8�-'�h� .R.F. 3 n M O �a �~ C.I.R.F, SCALE: 1" = 100' Bearings shown hereon based on the City of Denton G[S Network. NOTES: • I.R.F. _ [ron Rod Found • C.I.R.F. = 5/8" Iron Rod Found with cap stamped "Cotton 5urveying". • I.R.S. = 1/2" fron Rod Set with yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. • Easement recorded in VoL 336, Pg. 367 does not affect this tract to tlie best of my knowledge. • Easement recorded in Vol. 341, Pg. 222 assigued in Vol. 367, Pg. 242 is centered on a pipeline not specifically located. • Blanket Easement recorded in Vol. 357, Pg. 54 includes this tract. ;r° j*: -: .� u . , I,r�f.. F°;c.;� �,'- _',�: ' � ` ,� a: � •� �"�y =:�,r• � ��*��> C7�;fJts�:�AS � Alsd11 ..,.., n, �,.. a3��aoe � � �� , � s.� � N� 9 � �� ' `�, l SURVEYOR4CERTIFICA770N: T6e understgoed does hereby ceitify to Ti de Resources (6.F. No. 121698) tLat N�ia survey was tLis day mada on the ground of tha property Iegafiy described hereon eod is coaec[, aud to the best of my Imawledge, there ere no visible dlscrcpencies, conflicts, ahortages in area, 6oundary line coaflicGV, enctoachments, averlapping ofimprovemeats, easemeets or rigLts of way tLet! 6ave been advised of except as shown hereoo. rthur Surveying Co., Inc. Professional Laad Surveyors P,O.Bog 54 – Lerriaville, Texas 75067 Office: (972) 221-9439 Fax: (972) 221-4878 Estatblished 1986 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 (Landfill Deed) STATE OF TEXAS COUNTY OF DENTON . KNOW ALL MEN BY THESE PRESENTS: That Wilma M. Haggard, a single woman (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to Grantor in hand paid by the CITY OF DENTON, TEXAS, a Texas Home Rule Municipal Corporation (herein called "Grantee"), 215 E. McKinney, Denton, Texas 76201, the receipt and sufficiency of which are hereby acicnowledged 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 a11 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 herself, her heirs, devisees, successors and assigns all oil, gas and other minerals in, on and under and that may be produced from the Property. Grantor, her 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 tanlc batteries, pipelines, roads, electricity or other utility infrastructure, and/or for subj acent 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" sha11 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. 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 Page 2 of 3 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 THE STATE OF TEXAS COUNTY OF DENTON day of , 2013. `� �� WILMA M. HAGGARD ACKNOWLEDGMENT This instrument was acknowledged before me on Wilma M. Haggard. Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, Texas 76209 Page 3 of 3 2013 by Notary Public, State of Texas My commission expires: 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., I nc. .�rofessiorlaX �,.and Suz-�eyrors P.O. Bo� 54 �� Le��visville, Te:tifls 75067 011icc: (972) 221-9439 •- Fax: (972) 221-4f75 EXHIBIT "A" MUNICIPAL USE TRACT 0.624 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being a part of that certain 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 more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for corner in the east line of said Haggard tract and the northeast comer of a tract of ]and described by deed to Richard A. Greb and wife, Nancy A. Greb, recorded under Instrument Number 2006-100770, Officia] Public Records, Denton County, Texas (O.P.R.D.C.T,), and being in the existing Mayhill Road; THEIYCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 80.31 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for corner; THENCE North O l degrees 50 minutes 2l seconds East, over and across said Haggard tract, a distance of 333.40 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Haggard tract and the south ]ine of a tract of land described by deed to John Henry Bond, etal., recorded under Instrument Number 2004-30989, O.P.R.D.C.T.; THENCE North 87 degrees 52 minutes 49 seconds East, with the north line of said Haggard tract and the south line of said Bond tract, a distance of 82.76 feet to a"PK" Nail set for the northeast corner of said EIaggard tract and the southeast corner of said Bond tract, saine point being in the existing Mayhill Road; THENCE South 02 degrees 14 minutes 30 seconds West, with the east line of said Haggard tract, and with the existing Mayhill Road, a distance of 335.07 feet to the POINT OF BEG[NNING and containing 0.624 acres of land, of which 0.230 acres lie within the existing Mayhill Road. A ��1 v •V � ,t�, � C1107131-27 Parcel M136 Municipal Use Tract �. .r.- ,�;,,�;. ,��. ��l, � �^. V+1 .c P°.,�G��l'��,9; ? Y ,�`\ � ca;¢F; � fa .,cf E .....:....... ..........:....,, JONn� n, �;SE�I_ . :; ;-�_,� .v, . .., � �',-r � e�:� �� EXHIBIT "B" - to Special Warranty Deed 1 �� d�'� �$ � ',�i�� '�� Inatr.HNor 2004a30989 �, c� i� �� —•—'—"'—'—' � �� 15' Gas•Easement--+ 1 Instr. No. 2006-64790 I (5,005 sq. it,) � d; � M New Municipal Use Tract 0.279 aa (12,149 sq. ft.) `� Existing Implied Dedication 0.230 ac. (10,042 sq. ft.) Gas Easement 0.115 ac. (5,005 sq. ft.) _� 0.624 Acres (27,t96 sq. ft.) - Municipal Use Tract I �b W Mason A. Haggard & i ''p�'� N wife, Wilma Haggard �}� „o Volume 337, Page 430 '� �, (remoinder) ��' i Z �� I � �� S88'56�53"W Proposed Porcel M136 603, 85' o--- � �.� r..--.�—� I.R.S. 5�8„ I,R.F. �p*�� ,L� �a Richard A Greb & wite, Nancy A. Greb Instr. No, 2008-100770 EXHIB IT "B " Municipal Use Tract 0.624 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas -- 2012 -- N87°5. 82. � I.R.F. I I I p � �� w �;� �� 3 o N I � �� z I ��a�� 1� �' J��E � �9��y'�� too o so ioo � 3 Mi� o o� 4� ^o M `�' O '� � ��:dil ,� � C Q, i v y � N I� v 0 o ' o° � U I o� ° �3 .� 0 �o �o I� •'PK" Nail Set - Existing Fence —7P&L Easement � VoL 190, Pg. 620 R. F. � �3 �i v �3 I---1 � �? � SCALE: 1" = 100' Bearings shown liereon based on the City of Denton G[S Nehvork. NOTES: • [.R.F. _ [roi� Rod Found • C.I.R.E. = 5/8" lron Rod Found with cap stamped "Cotton Surveying". • LR.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur 5urveying Company" • All improvements not shown hereon. • Easement recorded in Vol. 336, Pg. 367 does not affect this tract to the best of my knowledge. • Easement recorded in Vol. 341, Pg. 222 assigned in Vol. 367, Pg. 242 is centered on a pipeline no[ specifically located. • Bla�iket Easement recorded in Vol. 357, Pg. 54 includes this tract. 9 O\� N \�. SURVEYORS CERITFICATION: TLo undetsigued does fiereby certify to TiUe Resources (6.F. Na. 121698) tLat this survey was tLis day mada on the ground of tLe property legally described herean end is rorrect end W tLe best of my keowledge, tLere are no vlaible discrepancies, conflicts, aLorfeges in area, 6oundary line conflicts, encroechments, overlapping ofimprovemenfs, eesements or nghts of way that 1 heve 6eeu advised of e�ccept es shown Lereon. rthur Surveying Co., Inc. P�rofessYOna.r Laaa sv.r�-eyvrs P.O.Bog 54 — Lewisville, Texas 75067 Office: (972) 221-9439 Faa: (972) 221-4875 Estatbliahed 1986 s:llegallour documentslcontracts1131haggard 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 Wilma M. Haggard, a single woman ("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 acknowledged, has GRANTED, BARGAINED, SOLD and CONVEYED and does by these presents GRANT, BARGAIN, SELL and CONVEY unto the City of Denton, Texas ("Grantee") a perpetual 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 David Hough Survey, Abstract Number 646, 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 the City's rights granted to it herein for the purposes granted. 6. Successors and Assigns. This grant and the provisions contained herein shall constitute covenants running with the land and shall be binding upon the Grantor and Grantee, and their heirs, devisees, successors and assigns. TO HAVE AND TO HOLD unto the said City of Denton, Texas as aforesaid for the purposes aforesaid the premise above described. Witness my hand, this the _ day of , 2013. 2 Grantor: �� T r_� � � : r_� s � �.� : � � � ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON This instrument was acicnowledged before me on , 2013 by Wilma M. Haggard. Notary Public, in and for the 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 Slo�e Easement � rthur Surveying Co., I nc. �iafessio.r�a.�Y �,�.ra�d Surveyors P.O. Boz 54 --• Lewisville, Texas 75067 Otficc: (972) 221-9439 •-- Faa: (972) 221-4675 EXHIBIT "A" 10' SLOPE EASEMENT MAYHILL ROAD PROJECT 0.076 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being a part of that certain tract of ]and described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volurne 337, Page 430, Deed Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found for corner in the east line of said Haggard tract and the not�theast corner of a tract of land described by deed to Richard A. Greb ancl wife, Nancy A. Greb, recorded under Instrutnent Number 2006-100770, Official Public Records, Denton County, Texas (O.P.R.D.C.T.), and being in the existing Mayhill Road; THENCE South 88 degrees 56 minutes 53 seconds West, with the north line of said Greb tract, a distance of 215.48 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the POINT OF BEGINNING; THENCE South 88 degrees 56 rninutes 53 seconds West, with the north line of said Greb tract, a distance of 10.01 feet to a point for corner; THEIVCE North O l degrees 50 minutes 21 seconds East, over and across said Haggard tract, a distance of 330.69 feet to a point for corner in the north line of said Haggard tract and the south line of a tract of land described by deed to John Henry Bond, etal., recorded under Insh•ument Number 2004-30989, O.P,R.D.C.T.; THENCE North 87 degrees 52 minutes 49 seconds East, with the north line of said Haggard tract and the south line of said Bond tract, a distance of 10.02 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 Haggard tract, a distance of 330.88 feet to the POINT OF BEGINNING and containing 0.076 acres of land. , c��., � .`� : �° )� 1Y�. �' . °Q >,. ,,,�,.�e _ �:� , ��„��,P�,t�:�'�ii�'�''._ . C�.�. ��`�� no��.`��'f �`',`��;�1�� b(�3�.1 �ti': c,hrl�ll'-; 1:; ,��$�%,,._,./,.,,. . �._. .� � ,'`I��., f . 1 � I / n /� I ,`, CL107131-27 Parcel M136 Slope Easement EXHIBIT "B" - to Slope Easement �,� ��' �� Cl�,��.��K John Henry Bond, etal. "�� ,'L�' Instr. No. 2004-3a989 �'n�;X .�,�?��` ;�� ` s-� I.R.F. I i � � I� c° L2 ------�'--�jRg, – N87'S2'49'"� -- � � 218.08' I � � � j�I 10' Slope E Isement i"�1 0.076 Acres �I'� (3,308 sq. ft.) o� �o I m M �,� `.�b I Mason A. Haggard & " ,� i wife, Wilma I-�aggard W � ,,�� Volume 337, Page 430 N��N os�a4 ` (remainde�) o I'o QtoQ i z� � � ��° I � � �� i II �� I I �.�`� � S88'S6'S3"W �i�1"�� 458.67' S _ I _— � �. R. S. � _ _ _ O--'--- c; ' S88'S6'S3'W 5/8" -�`1 F 215. 48' i.R.F. �,�' L1 o- �� s� P.o.B. �� M O -�� '�, O� N � ro �z�+i• � .� Richard A. Greb & wife, Nancy A. Greb Instr. No. 2008—id0770 C.l. R. F. EXHIB IT "B " 10' Slope Easement Mayhill Road Project 0.076 Acres . David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas -- 2012 -- I 1 i I I 1 I I 1 I i i � � � i �� N � �� qy'�P� '�y''S ��4,�. ��q� �ti 1 �s;�, ,�� ,�� 100 0 50 100 P Se Noil Qi �3 � � v �� I-1� � � SCALE: 1" = 100' Bearings shown hereon based on the City of Denton GIS Network. NOTES: • I.R.F. = Iron Rod Found • C. I. R. F. = 5/ 8" Iron R o d F o un d w i t h cap stamped "Cotton 5urveying". • I.R.S. = V2° Iron Rod Set with yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. LINE TABLE L1 S88°56'S3"W 10.01' L2 N87°52'49"E 10.02' "%��4��.� \ /,{fC��5�.;'-/ � ��`: � .� i� , . � , >l� J/!sH �,y; ;`' . .. ;� �: ,1 . . . , .. .. p . . . _ :;�' _ f! �tl J� 3 ��.. . � '�:\.�;. ..,t � - � } ', � r t. �pfU., °.a� . �;,, i I v � /� I SURVEYORS CERTIPICATTON: The undersigaed does bereby certify lo fl�at this survey wes this day msde ov the ground of the property legally described hueon end is correct, end to the 6est ofmy kaowledge, there are no visible discmpancies, coailicts, shartages in area, 6oundary ]iae conflicts, encroechmenle, overlapping of improvemenfs, eaaements or righta ofway thatl 6ave been advised of except aa shown hereon. rthur Surveying Co., Inc. Frnfessioaal Land Surveyors P.O.Bog 54 — Le�►ieville, Tegas 75067 Office: (972) 221-9439 Fas: (972) 221-4675 Estatblished 198B