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2013-181s:Uegallour documents\ordinances1131nelms-greb acquisition ordinance.doc ORDINANCE NO. 2O 13-1 S 1 AN ORDINANCE FINDING THAT A PUBLIC USE AND NECESSITY EXISTS TO ACQUIltE (I) FEE SIMPLE TO A 7.628 ACRE TRACT (THE "MAYHILL TRACT"); (II) FEE SIMPLE TO 2.276 ACRES (THE "LANDFILL LANDS"); AND (III) A DRAINAGE EASEMENT (HERElN SO CALLED), ENCUMBERING 0.196 ACRES, ALL LANDS LOCATED IN 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 2100 BLOCK OF SOUTH MAYHILL ROAD (THE "PROPERTY 1NTERESTS"), FOR (A) AS CONCERNS THE MAYHILL TRACT AND THE DRAINAGE EASEMENT, THE PUBLIC USE OF EXPANDING AND IMPROVING MAYHILL ROAD, A MUNICIPAL STREET AND ROADWAY; AND (B) AS CONCERNS THE LANDFILL LANDS, 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) KEV1N NELMS AND RICHARD GRES AND WIFE, NANCY GREB (COLLECTIVELY, THE "OWNER"); (2) SUCCESSORS IN INTEREST TO THE OWNER TO THE PROPERTY 1NTERESTS; OR (3) ANY OTHER OWNERS OF THE PROPERTY 1NTERESTS, AS MAY BE APPLICABLE, TO PURCHASE THE PROPERTY INTERESTS FOR THE PURCHASE PRICE OF EIGHT HUNDRED SIXTY SEVEN THOUSAND THREE HUNDRED FORTY SEVEN DOLLARS AND NO CENTS ($867,347.00), AND OTHER CONSIDERATION, AS PRESCRIBED IN THE PURCHASE AGREEMENT (THE "AGREEMENT"), AS ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "B"; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, 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 Drainage Easement are necessary for public use to provide street and roadway expansion and improvements of Mayhill Road; and (b) the Landfill Lands are 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 $867,347.00 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 a11 applicable law. SECTION 6. If any section, article, paragraph, sentence, phrase, clause or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 7. This ordinance shall become effective unmediately upon its passage and approval. PASSED AND APPROVED this the _� ([/ G/Gday of �fi' , 2013. � V' � ARK Q. � OUG , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I �� B � V� � Y• APPR VED A TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: EXHIBIT "A" - to Ordinance (Property Interests) �� rthur Surveying Co., I nc. �x�ofessiorsa� �.azsd Suz-Fre,grors P.O. Box 54 -- Lewisville, Tex1s 75067 OtTicc: (972) 221-9439 --- Fax: (972) 221-4675 MAYHILL ROAD PARCEL M137 & M138 7.628 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 part of Tracts I and II as described by deed to Kevin Nelms, f�ecorded in Volume 3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: SEGINNING at a"PK" nail set in Mayhill Road for the southeast corner of said Nelms Tract I and the northeast corner of a right-of-way dedication as shown on Providence Place I[, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas; THENCE South 88 degrees O1 minutes 21 seconds West, with the south line of said Nelms Tract I and the north line of said right-of-way dedication, a distance of 28,98 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the beginning of a non-tangent curve to the left, having a radius of 355.00 feet; THENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 44 degrees 20 minutes 29 seconds, whose chord bears North 25 degrees l4 minutes 53 seconds West at 267.93 feet, having an arc length of 274.74 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 57 degrees 27 minutes 27 seconds West, over and across said Nelms Tract I, a distance of 197.21 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 37 degrees 43 minutes 36 seconds West, over and across said Nelms Tract I, a distance of 307.97 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of 905.00 feet; THENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 09 degrees 21 minutes 40 seconds, whose chord bears South 33 degrees 02 minutes 46 seconds West at 147.70 feet, having an arc length of 147.86 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the south line of said Nelms Tract I and the north line of said Providence Place Il; THEIVCE South 88 degrees O1 minutes 21 seconds West, with the south line of said Nelms Tract I and the north line of said Providence Place II, a distance of 286.96 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North O1 degrees 58 minutes 58 seconds West, over and across said Nelms Tract I, a distance of 8.87 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non-tangent curve to the 1e8, having a radius of 125.00 feet; (continued) C1107131-41 Parcel M137 & M138 EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., I nc. .Pxof�ss.iona.� �..azic� Suxve,yoz-� P.O. Boa 54 --• Lewisville, Tetias 75067 OLlice: (972) 221-9439 -- F1x: (972) 221-4675 THENCE over and across said Nelms Tract I, with said curve to the left, tlu•ough a central angle of 43 degrees 33 minutes 22 seconds, whose chord bears North 66 degrees 14 minutes 21 seconds East at 92.75 feet, having an arc length of 95.02 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 106.00 feet; THENCE over and across said Neltns Tract I, with said curve to the right, through a central angle of 13 degrees 34 minutes 20 seconds, whose chord bears North 30 degrees 56 minutes 26 seconds East at 261.38 feet, having an arc ]ength of 261.99 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 37 degrees 43 minutes 36 seconds East, over and across said Nelms Tract I, a distance of 160,39 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non-tangent curve to the left, having a radius of 109.42 feet; THEIVCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 38 degrees 56 minutes 51 seconds, whose chord bears North 18 degrees 15 minutes l 0 seconds East at 72.96 feet, having an arc length of 74.38 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 129.21 feet; THEI�iCE over and across said Nelms Tract I, with said curve to the right, through a central angle of 38 degrees 33 minutes 48 seconds, whose chord bears North 18 degrees 26 minutes 43 seconds East at 85.33 feet, having an arc length of 86.97 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of 10.00 feet; THEIVCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 90 degrees OS minutes 58 seconds, whose chord bears North 07 degrees 19 minutes 26 seconds West at 14. ] 5 feet, having an arc length of 15.73 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 52 degrees 22 minutes 26 seconds West, over and across said Nelms Tract I, a distance of 20.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 37 degrees 37 minutes 34 seconds East, over and across said Nelms Tract I, a distance of 70.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 52 degrees 22 minutes 26 seconds East, over and across said Nelms Tract I, a distance of 20.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of 10.00 feet; THENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 89 degrees 53 minutes 58 seconds, whose chord bears No�th 82 degrees 40 minutes 35 seconds East at 14.13 feet, having an arc length of 15.69 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 37 degrees 43 ininutes 36 seconds East, over and across said Nelms Tract I, a distance of 20.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE South 52 degrees 16 minutes 24 seconds East, over and across said Nelms Tract I, a distance of 77.91 feet to a l/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non-tangent curve to the left, having a radius of 920.00 feet; (continued) C1107131-41 Parcel M137 & M138 EXHIBIT "A" - to Ordinance (Property Interests) �� rthur Surveying Co., I nc. .Pxofess.io.xza.Y �azzd Sazz-veyors P.O. Box 54 --• Lewisville, Teaas 75067 Otlice: (972) 221-9439 -� Fax: (972) 221-�1675 THENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 32 degrees 32 minutes 30 seconds, whose chord bears North 19 degrees 08 minutes 48 seconds East at 515.53 feet, having an arc length of 522.52 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THELVCE North 02 degrees 52 minutes 33 seconds East, over and across said Nelms Tract f, a distance of 31.69 feet to a 1/2 inch iron rod with yellow cap stamped "A5C" set for corner in the north line of said Nelms Tract I and the south line of said Nelms Tract II; THENCE North 87 degrees 51 minutes 52 seconds East, with the north line of said Nelms Tcact I and the south line of said Nelms Tract I[, a distance of 12.55 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 Nelms Tract II, a distance of 324.80 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Nelms Tract II and the south line of a remainder of a tract of land described to Mason A. Haggard and wife, Wiltna Haggard, recorded in Volume 337, Page 430, D.R.D.C.T.; THENCE North 88 degrees 56 minutes 53 seconds East, with the north line of said Nelins Tract II and the south line of said Haggard tract, a distance of 141.36 feet to a 1/2 inch iron rod with yellow cap stamped "A5C" set for corner; THENCE South 02 degrees 12 minutes 08 seconds West, over and across said Nelms tracts, passing the south line of said Nelms Tract II, continuing on for a distance of 455.65 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non-tangent curve to the right, having a radius of 1082.50 feet; THENCE over and across said Nelms Tract f, with said curve to the right, through a central angle of 28 degree 13 minutes O1 seconds, whose chord bears South 21 degrees 39 minutes 56 seconds West at 527.74 feet, having an arc length of 533.10 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 46 degrees 38 minutes 28 seconds East, over and across said Nelms Tract I, a distance of 218.20 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non-tangent curve to the right, having a radius of 445.00 feet; THENCE over and across said Nelms Tract [, with said curve to the right, through a central angle of 18 degrees 46 minutes 44 seconds, whose chord bears South 38 degrees 01 minutes 45 seconds East at 145.20 feet, having an arc length of 145.85 feet to a"PK" nail set for corner in Mayhill Road; THENCE South 02 degrees 06 minutes 21 seconds West, with Mayhil Road, a distance of 193.36 feet to the POINT OF BEGINNING and containing 7.628 acres of land of which 0.153 acres lies within existing Mayhill Road. ,.•;� �� `��;>�'�E � �.. �h : �V, F!�,. � a JOHP�,M� RU . Q � �� , '��5� �31� C1107131-41 Parcel M137 & M138 EXHIBIT "A" - to Ordinance (Property Interests) Mason A. Haggard & wite, F'[Ima Haggard Volume 337, Page 430 (remainder) I. R.F.p W E 1 NO , � ex�sting rj$$°56'S3°E api :n� fence 141 �h' � � aQ' Kev[n Nelms � _ _ _� Vol. 3432, Pg. 911 � _ Tract iI � Richard A Greb & � M �' Nancy A. Greb 6��81 v� erl t o Instr. No. 2009-100770 \ @c�°' N M Trect II � 3,45ti � � S87'S1'52YW \ � L13 Z 1 I. R, F. 1585. 91 ��'�-------- --�`�--" -- L12 exlst7ng � � (ence Ne�v Dedication 7.475 aa (325,607 sq. ft.) � Existing Implied Dedication 0.153 ac. (6,658 sq. ft.) 7.628 Acres (332,265 sq. ft.) Parcel M137 & M138 �� s� Kevtn Nelma ��L9 L10 Vol. 3432, Pg. 911 �3`�)'' ljf� Tract I .='�3' � �� v Richard A. Greb & �� Y j'� CS Nancy A Greb .��.`�� C� Instr. NTr�20D8-10077U �y13� C6 o Bcteg �e�' �,�1 liJ (,O6 M'�IM . �+�� a � \ 1 �y � ��`�°s1 �'j� ; `�` �, ��j�� e p��ae I t2 �• 133,2� /n� � � `��'� � v �� -I� � C'Q I gos line � �0 ♦ �see nate l2g,g 6c�8 t° G. S88'01'21 "W � 955. 83 � LS L'3 efe,ncln�� C2 _ — — — _ _ � 5/8 1" . R. F. � _ — —� — 3 — — _— — � (C.M.) �� Providence Place II Robert P. Donnelly Cahinet X. PaBe 905 fl 111 Volume 3384, Page 905 (remainder) � Donnelly Addition , 1 �1 Cabinat 0, Page 77 •See page 2 for line & curve tables* Mayhill Road Parcel M137 & M138 7.828 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas -- 2012 -- i� f� �� o, o- o� �' � W� �� ~"� cAa � � di � Gas Easement No, 2006-34815 N 300 0 l50 300 SCALE: 1 " = 300' Bearings shown hereon based on the City of Denton GIS Network. — 60' Brazos Electrlc Power Easement Volume 1636, Page 436 NOTES: • o=I.R.S. • I.R.F. = 1/2" Iron Rod Found • I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" • /� = Municipal Use Tracts. "PK" Noil Set �Implied Dedication 1.1$ • �PK" Nail t\ . All improvements not shown hereon. Easements recorded in Vol. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583, & Vol. 391, Pg. 169 do not affect this tract to the best of my knowledge. Blanket Easemenis recorded in Vol. 357, Pg. 45 & Vol. 357, Pg. 54 as assigned in Vol. 2736, Pg. 828 includes this trect. Easement recorded in VoL 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is centered on a pipeline not specifically located. Gas line shown was not field verified. location provided by others. ��_ � . ��, ' � ,^c �� ..��11if41�i1/l �f��i`'J`�ik K�.i�f .;�"' �.N�•�,, ti ��,�f'�� 7F,,, ��' �/ A � ' V� \ , . �O� SURVEYORS CERTIFICATION; Ti�e undersigoed daes hereby certify to Tide Resources (G.F. No, l0263] � 102632) t5at t6is survey was this day made on the ground of the praperty legally described hereon and is correcG end W tha bestofmylmowledga, there areno visi6le discrepenctes, contlic[s, shormges in area, 6ouudary llnecontlicts, eacroachmente, overlappingof improvemenfs, easementa orrighm ofway thatf have 6een advised of except as shown hereon. rthur Surveying Co., I nc. Prnfessional Laud Surveyors P.O,Boa 54 — Lewisville, Tesas 75067 Office: (972) 221-9439 Fax: (972) 221-4875 Eatabliahed 1986 Page 1 of 2 EXHIBIT "A" - to Ordinance (Property Interests) LINE TABLE CURVE TABLE Mayhill Road Parcel M137 & M138 7.628 Acres David Hough Survey, Abstract �Number 646 City of Denton Denton County, Texas -- 2012 -- rthur Surveying Co., I nc. ��S�o�t �a s��o� P.O.Hog 54 — Lewiaville, Tesas 750B7 Office: (972) 221-9439 Faa: (972) 221-4675 Established 1986 Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) � rthur Surveying Co., I nc. FrofessioxsaY L,��d Surve,yors P.O. Bot 54 --- Lewisville, Tetias 75067 Ofilce: (972) 221-9439 --- Fa�:: (972) 221-4675 MUNICIPAL USE TRACT 2.151 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 part of Tracts I and [I as described by deed to Kevin Nelms, Recorded in Volume 3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: ' BEGINNING at a"PK" nail set in Mayhill Road for the northeast corner of said Nelms Tract II and the southeast corner of a remainder of a tract of land described by deed to Mason A. Haggard and wife, Wilma Haggard, recorded in Volume 337, Page 430, D.R.D,C.T.; THENCE South 02 degrees 06 minutes 21 seconds West, with Mayhill Road, passing the south line of said Nelms Tract II and the north line of said Nelms Tract I, continuing on for a distance of 1212.24 feet to a"PK" nail set in Mayhill Road for the beginning of a non-tangent curve to the left, having a radius of 445.00 feet; THENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 16 degrees 47 minutes 45 seconds, whose chord bears North 37 degrees 02 minutes 15 seconds West at 129.98 feet, having an arc length of 130.45 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for corner; THENCE North 02 degrees 12 minutes 08 seconds East, over and across said Nelms tracts, passing the north line of said Nelms Tract I and the south line of said Nelms Tract II, continuing on for a distance of l 107.01 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Nelms Tract II and the south line of said Haggard tract; THENCE North 88 degrees 56 minutes 53 seconds East, with the north line of said Nelms Tract II and the south line of said Haggard tract, a distance of 80.31 feet to the POINT OF BEGINNING and containing 2.151 acres of land of which 0.904 acres lie within existing Mayhill Road. 0�� O�� ` C1107131-41 Parcel M137 & M138-MUT .. J.�.�.�,`�.�...Nit��',.1,SS�±,1� �N wi � • J� 1�' . � /� ��1L • . ..1�� :.%° � EXHIBIT "A" - to Ordinance (Property Interests) Mason A. Haggard & tivite, Wilma Haggard Volume 337, Page 430 (remainder) f.R.F. N88°56'S3 "E existing $031'\ fence � Kevin Nelms _ _ __ Vol, 3432, Pg. 911 � Tract II � '� � � �� Richard A. Greb & �,gl I II Nancy A Creb te� Instr. No. 2008-100770 \ay ao<B° � Tract II I 3, � � 1 S87'51'52YW\ \ � I I.R.F. 1585.91 �c.M. _-- --�-`�---- -- ' New Municipal Use 0.863 ac. (37,�00 sq. ft.) �'�,! p' h Existing Implied Dedication 0.904�c. ( 9,384 sq. ft� ,rl Gas Easement 0.384 ac. (16,717 sq. ft.) i�"' � 2 151 A es 93 701 ft) � cr ( , sq. . Municipal Use Tract � _oii '� N I Kevin Nelms �\ \ Z I I Vol. 3432, Pg. 911 �1.�� n�B�t t ' �. ��,,�`�P � � 1 � Richard A. Greb & Nancy A. (ireb �. �g� Instr. No. 2DOB-100770 �t� e�'9 ',. Tract I ��,�`� o�o a�tee ia�� . ' a •� � ��• I,._„ � � 1 I i �� aj�k�� q �� te4,°�n�gl ' �, \ � I �� 00 ��g � ,�a� Cl , . �'� �g32 / � e9 Se� � ��, � �' �2 e�y °°t I�� i�`;�� S88'01 �21;� Proposed Municipal` I. 1821. 61 —___ U=e Tr=et 2_ — Yf- pC� — � — — exist ng � _ _ 5�8" I.R.F. __ f?�e--�----- �c.M.) __ `�---------- i �` 1 PravidenCe P1&e 9 6 Rohert P. Donnelly Cabinet 7G Pe6 1`1 Volume 3384, Page 906 (remainder) 1 Donnelly Addition-�� 1 Cabinet 0, Page 77 CURVE TABLE # Radius Len h Delta Chord Cl 445.00' 130.45' 16°47'45" N37°02'IS"W 129.98' Municipal Use Tract 2.151 Acres David Hough Survey, Abstract Number 64fi City of Denton Denton County, Texas -- 2012 -- ,w N� m ;nca °o°� z f ail �i �� 3 �F�--I � � � Gas Eosement No. 2006-34815 [Ll 300 0 150 300 SCALE: 1" = 300' Bearings shown hereon based on tlie City of Denton GIS Network. — 60' Brazos Electrfc Power Easement Volume 1636, Poge 436 ,� Implied Dedication "PK" Nail Set � S02'06'21;'W 193.36 "PK" Nail Set NOTES: • o=I.R.S. • I.R.F. = 1/2" Iron Rod Found • I.R.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" • All improveinents uot shawn hereon. • Easements recorded in Vol. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583, & Vol. 391, Pg. 169 do not affect tliis tract to the best of my knowledge. • Blanket Easements recorded in Vol. 357, Pg, 45 & Vol. 357, Pg. 54 as assigned in Vol. 2736, Pg. 828 includes this tract. • Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is centered on a pipeline not specifically located, �� .? � �`+;��';�, �- �:� �. �, '�� -'��' ` Q' ,�. S , ...1{��RI hi :`;1�i�Es.;.,, ,.�.��t�F`; , ��f.`;M %'� � ..��0�� ''^ �� ;:�-� �� " V \O. . o�`�. `V SURVEYORS CERTIFICATION: Tka undeisigned doea hereby ce�tify to Title Resources (�.P. Na. 102631 & 102632) Htat tfus survey wes tLis daymade on the graund of the property legelly descri6ed Berean and is caaect, and to the bestofmyknowledge, thete ere no visibla discrepanetes, conQicts, shotfages in area, 6oundary Ifne conflicts, encraechmantr, ovedapping of improvements, eesements or dgLfs ofwey that I have been advLsed of ezcept as shotvn hereon. rthur Surveying Co., I nc. Ps+�fessional Land Su.rveyors P.O.Bog 54 – Lewisville, Texas 76067 Office: (972) 221-9439 Fas: (972) 221-4675 Established 1986 EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., I nc. Pr•ofessxon�Y �,�,d Sau-veyors P.O. Box 54 --- Lewisville, Te:�as 75067 O1Y5ce: (972) 221-9439 -� Fax: (972) 221-4675 MUNICIPAL USE TRACT 0.125 Acre 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 part of Tract I as described by deed to Kevin Nelms, Recorded in Volume 3432, Page 91 l, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: COMMENCING at a"PK" nail set in Mayhill Road for the southeast corner of said Nelms tract and the northeast corner of a right-of-way dedication as shown on Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas; THENCE South 88 degrees O1 minutes 21 seconds West, with the south line of said Nelms tract and the north line of said right-of-way dedication, a distance of 28.98 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 O1 rninutes 21 seconds West, with the south line of said Nelms tract and the north line of said Providence Place addition, a distance of 53.79 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE North 02 degrees 12 minutes 08 seconds East, over and across said Nelms tract, a distance of 161.30 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner at the beginning of a non-tangent curve to the right, having a radius of 355.00 feet; THENCE over and across said Nelms tract, with said curve to the right, tlu•ough a central angle of 27 degrees OS minutes 13 seconds, whose chord bears South 16 degrees 37 minutes 15 seconds East at 166.27 feet, an arc length of 167.83 feet to the POINT OF BEGINNING and containing 0.125 acre of land. C1107131-41 Parcel M137 & M138-MUT2 � �/ �2� � EXHI�IT "A" - to Ordinance (Property Interests) =W Eiason A Haggard & I.R.F. °Qo wite, PV{]ma Haggard �Q N� Volume 337, Page 430 a 1 �� (remainder) � 4 0� existing a4 Z fence � I i Kevin Nelms __ Vol. 3432, Pg. 911 � Tract II I �� I� Richard A. Greb & �,g� I I I Nnncy A Greb 6� Instr. Na. 2008-100770 \ 6 e�te9 � I Tract II � �3 A y � I S87'S1'52' W \ � I. R. F. 1585.91 � ��-------- -��---- --- i � �j � � \ ; �I \ � � � ��il \ � /II � ��' � � i � I � Kevin Nelms , � I Vol, 3432, Pg. 811 ��E%� �� \�\` � � : Tract I �� : \-� I Richard A. Greb & �;� � i Nancy A Greb .s'�� gl \ Inatr. No. 2006-100770 '�`�� 5o eGteg t0�� a� I�\ Tract I � �'� � ��° �� ` i �s �� a` / \ I � �' New Municipal Use 0.074 aa (3,202 sq, ft.) �` Es �-��:�?�� Gas Easement 0.051 aa (2,222 sq. ft.) i I �• 0.125 Acres (5,424 sq. tt.) I I �}��;.. ' tem6,�,,fla� Municipal Use Tract 2 8��,�� L3 I C: S a°� S88'01 �21'� Bct° � �g32B8 1738.8 �2 e15 — — — — — — �--L�-- exlstfng �----_-- 2 5�8" I.R.F. – e'-�– � —. – — – – (C.M.) – – – �� _ a � � � i Providence Place II � 1 � Cabinet }G pa8e 905 1 1 I P. 0. . Donnelly Additton Cabinet 0, Page 7'7 �y� I � I LINE TABLB 1 1 Robert P. Dannelly I Volume 3384, Pa e 905 Ll S88°01'21 "W 28.98' (remainder� L2 S88°Ol'21 "W 53.79' L3 NO2°12'08"B 161.30' CURVE TA.BLE # Radius Len Delta Chord Cl 355,00' 167.83' 27°OS'13" S16°37'15"E 166.27' Municipal Use Tract 0.125 Acre David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas -- 2012 -- � lo I� O � �� i � N i� �N I� L1 � W� v �3 � � > di v � Gos Easement No. 2006-34815 p N 300 0 150 300 SCALE: l" = 300' Bearings sl�own hereon 6ased on the City of Denton GIS Network. — 60� Brozos Electric Power Easement Volume 1636, Poge 436 Proposed Municipal Use Tract 1 C" Nai! Set NOTES: • o= �.R.s. • I.R.F. = 1/2" Iron Rod Found • LR.S. = 1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. • Easements recorded in Vol. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583, & Vol. 391, Pg. 169 do not affect this tract to tlie best of my knowledge. • Blanket Easements recorded in Vol. 357, Pg. 45 & Vol. 357, Pg. 54 as assigned in Vol. 2736, Pg. 828 includes this tract. • Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg, 242 is centered on a pipeline not specifically located. SURVEYDRS CERTTPICA7TON: TLe uudersigned does bereby certify w Title Rcources (G.F. No. 102631 �& 102632) t5at tLis survey wes thi.s dey mede on the ground of the property legelly described hereon and is correct, and m the 6est ofmy Imowledge, tLere sre no visi6le discrepencies, conflicts, s6ortages in erea, bouadary /(ne coaflicts, eneroechments, overlapptng of impmvemenb, easemeuts orrig6ta ofway t1tatl have been advised of except av sbown bereoa. rthur Surveying Co., Inc. Frnfessional Land Surveyors P.O.Boa 54 – Lewisville, Tesas 75067 Offica: (972) 221-9439 Fag: (972) 221-4675 Established 1986 EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., Inc. Pxofess.to.r.��.1 �.and Sus-Freyor� P.O. Boa 54 -� Lewisville, Tex�s 75067 Otlicc: (972) 221-9439 -� F1x: (972) 221-4675 20' DRAINAGE EASEMENT 0.037 Acre 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 part of Tract I as described by deed to Kevin Nelms, Recorded in Volume 3432, Page 91 l, Deed Records, Denton County, Texas (D.R.D,C.T.), and being more particularly described as follows: COMMENCING at a"PK" nail set in Mayhill Road for the southeast co�ner of said Nelms tract and the northeast corner of a right-of-way dedication as shown on Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas; THEIVCE South 88 degrees 01 minutes 2l seconds West, with the south ]ine of said Nelms tract and the north line of said right-of-way dedication, a distance of 865.78 feet to a 1/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for corner; THENCE North O1 degrees 58 minutes 58 seconds West, over and across said Nelms tract, a distance of 8.87 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non-tangent curve to the left, having a radius of 125.00 feet; THENCE over and across said Nelms tract, with said curve to the left, through a central angle of 43 degrees 33 minutes 22 seconds, whose chord bears North 66 degrees 14 minutes 21 seconds East at 92.75 feet, having an arc length of 95.02 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 1106.00 feet; THENCE over and across said Nelrns tract, with said curve to the right, through a central angle of 10 degrees 41 minutes 20 seconds, whose chord bears North 29 degrees 29 minutes 56 seconds East at 206.03 feet, having an arc length of 206.33 feet to the POINT OF BEGINNING; THENCE North 52 degrees 16 minutes 24 seconds West, over and across said Nelms tract, a distance of 20.02 feet to the beginning of a non-tangent curve to the right, having a radius of 1126.00 feet; THENCE over and across said Nelms tract, with said curve to the right, through a central angle of 02 degrees 49 minutes 56 seconds, whose chord bears North 36 degrees 18 minutes 38 seconds East at 55,65 feet, having an arc length of 55.66 feet to a point for comer; THENCE North 37 degrees 43 minutes 36 seconds East, over and across said Nelms tract, a distance of 24.37 feet to a point for corner; THENCE South 52 degrees 16 minutes 24 seconds East, over and across said Nelms tract, a distance of 20.00 feet to a point for corner; (continued) C1107131-41 Parcel M138-DE1 EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., I nc. ProfesszonaY �,a.ud Sux-Fre,�oxs P.O. Boti 54 --• Lewisville, Texas 75067 Of�icc: (972) 221-9439 •— Fax: (972) 221-4675 THENCE South 37 degrees 43 minutes 36 seconds West, over and across said Nelms tract, a distance of 24.37 feet to the beginning of a non-tangent curve to the left, having a radius of 1 l 06.00 feet; THENCE over and across said Nelms tract, with said curve to the left, through a central angle of 02 degrees 53 minutes 00 seconds, whose chord bears South 36 degrees 17 minutes 06 seconds West at 55.65 feet, having an arc length of 55.66 feet to the POINT OF BEGINNING and containing 0.037 acre of land. �N `VO i' �� J �, C1107131-41 Pazcel M138-DEl �"FS.tin;* ._ , ��% �.J S "f. �iC'� `�. �, ��",� �:;�`�"?� �:;;�` �"t, ;°._�,, � k'!� ' ' �; - �,{::;o��v.,�;.�1. ��1 t_ >� . .».,`1 �a� � �.Z� 4c� � .. �. . . �J . ,�''; ��'- .��r �_ �� EXHIBIT "A" - to Ordinance (Propert.y Interests , # C1 N �2 � C3 1 C4 1 200 0 lo0 2oc SCALE: 1 " = 200' Bearings shown hereon based on the City of Denton G[S Network. I.R.F, �C.M.� e �cYO' Se�i�gl `�.2$ aW NN �� Zo 00' 95.02' 43 °33'22" 00' 206.33' 10°41'20" 00' S5.66' 02°49'S6" 106.00' Kevin Nelme Vol. 3438, Pg, 911 Traot I Richard A Greb & Nancy A Greb Instr. No, 2008-100770 Tract I � �d 0.037 Acre �a 20' Drainage N37°43'36"E Easement 24.37' SS (1,600 sq. ft.) C3 N52°16'24"W ,�(C4 20.02' .' � CZ Chord N66°14'21"E 92,75, ,� � � �� N29°29'S6"E 206.03' �I �� N36°18'38"E 55.65' � I I $ � (x� S36°17'06"W 55.65' �� % I I � 3 , �� s � � � ! � �;� �� \ i II I i ; � � r � � $ ; �,� y�. � 1� ��.v�, � / \ � � � I_ � g+� / \ \I I I 1 a a 40�e, �t3't 4to4° e ��o� .� �� .-� - ?°16'24"E 20.00' S37°43'36"W 24.37' � / ��gl � O L eot°b 12,�a0 �� I�, a�� V �`ti � �P' ,,,\, � � � .�I i � — 60' Brozos Electrlc Power Easement Volume 1636, Page 436 Gos Easement No. 2006-34815 � � �. .. �� r.v.� - I i NOl'S8'S,8'�W exlsting � � 8.87 \ C� � fenc ! �5/8„ I.R.F. _ —. — — — — �-----------�--�- ,L (C_M.�--�—]�" --- '" '_"_r S88'01'21 W 865.78, -- — — — --- �PK" Nail �` • Set S88'01'21,'W -- ------- — --------------- e -- 1 55.83 —"-- Donnelly Addition �+ __—.-----------'--"'---' i""�'��*� Cabinat 0, Pe e 77 1�--- $� y��.. � ^• I ��,:_ i y�� ,� �"r� S.; �' �"�;. <-•,. ', � Providence Place II ` � `1 Cabinat $ Page 9D5 , �1� �.�':. G�S'*��;:`'?:;� �. � , � �,r'�,�v .� ;� iS` •'` �' �1 Robert P. Donnally ��. . � r . ; 1 , Volume 3384, Pa e 905 � ..eit'�fdN..NI. FiL1S��:s_f. � '�1 '1 (remainder� I °�q ; +� ',�5�30� �� NOTES: �' :� ' �� /� • I.R.F. = 1/2" Iron Rod Found �� , �'53�� U �'"�••�••°''"� _ , Q� . I.R.S. = 1/2" Iron Rod Set with yellow cap stamped °Arthur Surveying Company" ''--' ti • All im rovements not shown hereon � . p . • Easements recorded in Vol. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583, & ��/j Vol. 391, Pg. 169 do not affect this tract to the best ofmy knowledge. � • Blanket Easements recorded in Vol. 357, Pg. 45 & Vol. 357, Pg. 54 as assigend in �� Vol. 2736, Pg. 828 includes this tract. • Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is centered on a pipeline not specifically loca[ed. 20' Drainage Easement 0.037 Acres David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas -- 2012 -- SURVEYORS CERTTTICATION: The undefsigned does Lereby certi}}� fo Title Resources (O.F. No. 102631 � 102632) that tLis survey was this day made on tLe ground of tLe property legaliy described hereon end is comc; end to the bestofmy knowledge, there ere no visible discrepencies, conflitfs, ahotteges ln erce, boundary lina contlicts, encroac6ment+, overlapping of improvemmts, easemeafs orrighfs ofway tLetl have 6eea advised of except ss s6own hereoe. rthur Surveying Co., I nc. PSrnfessional Laad Surveyors P.O.Boa 54 - Leiriaville, Tegas 75067 Office: (972) 221-9439 Fas: (972) 221-46'i5 Established 1986 EXHIBIT "A" - to Ordinance (Property Interests) rthur Surveying Co., I nc. �rofession� Y.an�d Su.2-�e,yox-s P.O. Bo.� 54 —• Lewisville, Tex�s 75067 OtYicc: (972) 221-9439 -� Fax: (972) 221-467> 50' DRAINAGE EASEMENT 0.159 Acre City of Denton, Denton County, Texas BEING all that certain lot, tract or parce] of land situated in the David Hough Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being part of Tract I as described by deed to Kevin Nelms, Recorded in Volume 3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: COMMENCING at a"PK" nail set in Mayhill Road for the southeast corner of said Nelms tract and the northeast corner of a right-of-way dedication as shown on Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas; THENCE South 88 degrees O1 minutes 21 seconds West, with the south line of said Nelms tract and the north line of said Providence Place II, a distance of 382.61 feet to the PO1NT OF BEGINNING; THENCE South 88 degrees O 1 minutes 21 seconds West, continui�tg with the south line of said Nelms tract and the north line of said Providence Place II, a distance of 66.52 feet to a point for corner; THENCE North 43 degrees 14 minutes 38 seconds West, over and across said Nelms tract, a distance of 112.01 feet to the beginning of a non-tangent curve to the right, having a radius of 905.00 feet; THENCE over and across said Nelms tract, with said curve to the right, through a central angle of 02 degrees 57 minutes 45 seconds, whose chord bears North 36 degrees 14 minutes 44 seconds at 46.79 feet, having an arc length of 46.79 feet to a point for corner; THENCE North 37 degrees 43 minutes 36 seconds East, over and across said Nelms tract, a distance of 4.05 feet to a point for corner; THENCE South 43 degrees 14 minutes 38 seconds East, over and across said Nelms tract, a distance of 165.06 feet to the POINT OF BEGINNING and containing 0.159 acres of land. C1107131-41 Parcel MI38-DE2 �'V f v� �-�° -,. , �. °'x�l � 1�� ,.�".:i'�7�f��"�..��, � �'a,',r<r +�y± �� y :� �:� � �i .......,....� .............. .... ....... :`� rA JJHN Ni:.�US51�;:,.�. '�? .. \ �;�+. . ...�.. �;�nti. �,.. ... �, " �"�,�� '`�S3!�'��'F� r{�� ._::- a i EXHIBIT "A" - to Ordinance (Property Interests . p N zoo o ioo zoo SCALE: 1 " = 200' Bearings shown hereon based on the Ciry of Denton GIS Network. I.R.F, (C. M. ) =W N� �� z� ,8" I.R.F, (C.M.) te��l e�tee l�,�s8 Kevin Nelms Vol. 3432, Pg. 911 Traot I Richard A Greb & Nancy A Creb Instr, No. 2008-100770 Tract I � C1 R=905.00' L=46.79' �=02 °57'45" Chd. N36°14'44"E 46.79' �� , ; �� i ; \\ �� b� ., � � \ � �/ 0�� ic°� �30 �. �O t to4°'ed 4° J� � i i ��a4a � ° ��f ap . f � ��' . i � ,�. �� ' �\ � f� 0.159 Acre ,/, N37°43'36"E � / 50' Drainage ' 4.05' �' Easement Cl� Q;' � �6,939 sq. ft.) ,� � , � ► �� / �� / �� II � \I �I � � IG � g � � � $ I E � °� b �3 � �� — 60' Brazos Electric Power Eosement Volume 1636, Page 436 \��P �..J �� ' In: a ,�''� ��I�'�\ .�� i $ I .�\ I I I ��.y ., .i ► � \ ! N43°14'38"W .� i` r6'.r A,;� �. O. 1�. I � liz.oi� �� `�°�'�� - — — � �� - � - � �� fT.'.� �on c9� {�J Gas Easement No. 2006-34815 "PK" Nail Set � ewsang -- �____ S88'01�21';W fence (76.52 —"—'--- o� — -- -------1372.49 -----------� ------ ------------- �F�� S �C; ��: � �i "°"�7 s� �,`��'' ' c��,r�9 ,�� J ' �� sh:;' � .�C�H�I M r+i :S.it:Lx.. . ;:�....4'- ..I,.._, �`••'P� �=: �-d" �✓�'•cr4�S`,y'�.r`i'� d� Donnelly Addition –�-�'� � � � Cabfnet 0, Page 77 � I I �1�1 Providence P� e° g06 , Cabinet $ p�B , ,``� Robert P. Donnelly I 1 Volume 3364, Pa e 906 � `,1 '1 (remainder� I /�/ NOTES: � • I.R.F. = 1/2" Iron Rod Found � • I.R.S. = 1/2" Iron Rod 3et with yellow cap stamped "Arthur Surveying Company" • All improvements not shown hereon. �i/J • Easements recorded in Vol. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583, & Vol. 391, Pg. 169 do not affect this tract to the best of my knowledge. �' • Blauket Easements recorded in Vol. 357, Pg. 45 & Vol. 357, Pg. 54 as assigend in Vol. 2736, Pg. 828 includes this tract. • Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is centered on a pipeline not specifically located. 50' Drainage Easement 0.159 Acre David Hough Survey, Abstract Number 646 City of Denton Denton County, Texas -- 2012 -- SUR VEYORS CERTIFICATTON: T8e unde�signed does hereby ceititj+ to Title Resourcea (Q.F. No. 102631.� 102632) t6at this survey was thLs day mede on tLe ground of [fie � propertylegellydescri6ed6ereoaeadiscaaec�end to t5e beat ofmykaowledge, there am no vlsible discropancies, cont7icLS, shorteges in aree, bouadery line conflicts, encroechments, overlapping of Lnprovemenfs, easemenfs ordghta ofwey tLa[ I have been advised of except as shown hereon. rthur Surveying Co., Inc. Prnfessioaal Z.a.ad Surveyozs P.O.Boa 54 – Lerriaville, Texas 75067 Office: (972) 221-9439 Faa: (972) 221-4875 Eata6liahed 1986 EXHIBIT "B" TO ORDINANCE PURCHASE AGREEMENT NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), 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 � C/,� %� , 2013, but effective as of the date provided below, between Kevin Nelms and Richard Greb and wife, Nancy Greb (referred to collectively herein as "Owner") and the City of Denton, Texas ("City"). WITNESSETH: WHEREAS, Kevin Nelm and Richard Greb and wife, Nancy Greb are 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 Attaclunent 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 tracts of land being described in Exhibits "A-1" and "A-2", respectively, and depicted in Exhibits "B-1" and "B-2", respectively, 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 Drainage Easement (the `Basement"), in, along, upon, under, over and across the tracts of land being described in Exhibits "A-1" and "A-2", respectively, and depicted in Exhibits `B-1" and "B-2", respectively, to that certain Drainage Easement (the "Easement Lands"), the Easement being attached hereto as Attachment 3 and made a part hereof, for drainage 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 "Attaclunent 2", respectively; and (ii) the Drainage 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 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 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, 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 jointly to Owner at Closing the sum of Eight Hundred Sixty Seven Thousand Three Hundred Forty Seven and No/100 Dollars ($867,347.00). 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 sha11 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 and/or relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of any lcind 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 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 sha11 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 taxes for the calendar year in which Closing shall occur is not known as of the Closing Date, the proration shall be based on the amount of t�es 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 t�es 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 � SOLELY IN 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. Kevin Nelms represents and warrants to City that (i) the Property comprises no part of the homestead of he and his wife; and (ii) the Property is the separate property of Kevin Nelms or, if community property, that Kevin Nelms has the legal authority to perform all actions and obligations prescribed by this Agreement without joinder of spouse. 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: CITY: Kevin Nelms City of Denton Paul Williamson Real Estate and Capital Support 901-A Texas Street Phone Denton, Texas 76209 Telecopy: Telecopy: (940) 349-8951 [� Richard Greb and wife, Nancy Greb 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. 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 Agreement may be executed in any number of counterparts, all 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. 7 CITY OF DENTON, TEXAS By � GEORGE C. CAMPBELL, CITY MANAGER Date: � , 2013 ATTEST: JENNIFER WALTERS,. CITY SECRETARY : ) + Date: _y �. � .z l� , 2013 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: �� L-(i Date: �� ►/ �� , 2013 C�1�i'/�I �l:ia KEV1N NELMS RICHARD GREB NANCY GREB Date: 8 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 frorn 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 0 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 Kevin Nelms, a married man, with the Property, (as defined below) comprising no part of the homestead of he and his wife, and Richard Greb and wife, Nancy Greb (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 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 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, tanlcs 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 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, 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 4 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. KEV1N NELMS : .: : � ii.��:� �.�►tycs�;��:3 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acicnowledged before me on , 2013 by Kevin Nelms. Notary Public, State of Texas My commission expires: Page 3 of 4 THE STATE OF TEXAS COUNTY OF DENTON � �� ACKNOWLEDGMENT This instrument was acknowledged before me on Richard Greb. THE STATE OF TEXAS COUNTY OF DENTON `� � 2013 by Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT This instrument was acicnowledged before me on Nancy Greb. Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, Texas 76209 Page 4 of 4 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. �rof�essxoaai �axed sr�rrveyoxs P.Q. Sox 54 -- Lcwisville, Texas 75067 Of�ilco: (972) 221-9439 -- Fax: (972) 221-4675 EXIIIBIT uA» MAYHILL ROAD PARCEL M137 & M138 7.628 Acre9 City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in ti�e David Hougb. Survey, Abstract Number 646, City of Denton, Denton County, Texas, and being part of Tracts T and II as described by deed to Kevin Nelms, Recorded in Volume 3432, Page 911, Deed Records, Denton County, Texas (D.RD.C.T.), and being more particularly described as follows: BEGINNING at a"PK" nail set in Mayhill Road for the southeast comer of said Nelms Tzact I and the northeast comer of a right-of-way dedication as shown on Providence Place II, an addition to the City of DenWn, Denton County, Texas, according to the plat thereof rocorded in Cabinet X, Page 905, Pla# Records, Denton County, Texas; THENCE South 88 de�rees O 1 minutes 21 seconds West, with the south line of said Nelms Tract I and the north line of said right-of-way dedicarion, a distance of 28.98 feet to a!/2 inch iron rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for the beginning of a non-tangent curve to the leR, having a radius of 355.00 feet; TIiENCE over and across said Nelms Tract I, wi.th said curve to the left, through a central angle of 44 degrees 20 minutes 29 seconds, whose chord bears North 25 degrees 14 minutes 53 seconds West at 267.93 feet, having an arc length of 274.74 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; T�NCE North 57 degrees 27 minutes 27 seconds West, over and across said Nelms Tract I, a distance of 197.21 feet to a 1/2 inch iron rod with yellow cap stanapad "ASC" set for comer; TI�NCE South 37 degrees 43 minutes 36 seconds West, o�er and across said Nelms Tract I, a distance of 307.97 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of 905.00 feet; TAENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 09 degrees 21 minutes 40 seconds, whose chord bears South 33 degrees 02 minutes 46 seconds West at 147.70 feet, having an arc length of 147.86 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the south line of said Nelms Tract I and the north liu►e of said Providence Place II; THENCE South 88 degrees O1 minutes 21 seconds West, with the south line of said Nelms Tract I and the north line of said Pravidence Place II, a distance of 286.96 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North O1 degrees 58 minutes 58 seconds West, over and across said Nelms Tract I, a distanca of 8.87 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for tb.e begiruning of a non-tangent curve to the left, having a radius of 125.00 feet; (continued) C110�131�1 Parcel M137 & M138 EXHIBIT "A" - to Special Warranty Deed rth�.r Sur�eying Co., I nc. .Pxofess.tioztal La,ad Sr�rveyoxs P.O. Bo�: 54 -- Lewiaville, Tcxas 75067 ptiice: (9'72) 221-9439 �-- Fax: (972) 221-4675 THENCE over azad across said Nelms Tract I, with said curve to the left, through a ceatral angle of 43 degrees 33 minutes 22 seconds, whose chord bears North 66 degrees 14 minutes 21 seconds East at 92.75 feet, having an arc length of 95.42 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the begi»ning of a curve to the right, having a radius of 106.OQ feet; THENCE over and across said Nelms '�act I, with said cuzve to the right, through a central angle of 13 degrees 34 minutes 20 seconds, whose chord bears North 30 degrees 56 minutes 26 seconds East at 261.38 feet, having an arc length of 261.99 feet to a I/2 inch iron rod with yellow cap stamped "ASC" set for comer; TT�NCE North 37 degrees 43 minutes 36 seconds East, over and across said Nelms Tract I, a distance of 16039 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non-tangent curve to the leR, having a radius of 1 U9.42 feet; THENCE over and across said Nelms T'iact T, with said curve to the left, through a central angle of 38 degrees 56 minutes 51 seconds, whose chord bears North 18 degrees l5 minutes 10 seconds East at 72.96 feet, having an arc length of 74.38 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 129.21 feet; TIiENCE over and across said Nelms Tract I, with said curve to the right, through a central angla of 38 dagrees 33 minutes 48 seconds, whose chord bears North 18 degrees 26 minutes 43 seconds East at 85.33 fee� having an arc length of 86.97 feet to a 1/2 inch iron rod with yellow cap stampcd "ASC" set for the beginning of a curve to the left, having a radius of 10.00 feet; THENCE over and across said Nelms Tract i, with said curve to the left, through a central angle of 90 degrees OS minutes 58 seconds, whose chord bears North 07 degrees 19 minutes 26 seconds West at 14.1 S feet, having an arc length of 15.73 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 52 degrees 22 minutes 26 seconds West, over and across said Nelms Tract I, a distance of 20.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; THE1�iCE North 37 degrees 37 minutes 34 seconds East, over and across said Nelms Tract I, a distance of 70.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; 'I'HENCE South 52 degrees 22 minutes 26 seconds East, over and across said Nelms TYact I, a distance of 2U.00 feet to a 112 inch iron rod with yellow cap stamped "ASC" set for the beginning of a curve to the left, having a radius of 10.00 feet; THENCE over and across said Nalms Tract I, with said curve to the left, through a central angle of 89 degrees 53 minutes 58 seconds, whose ehord bears North 82 degrees 40 minutes 35 seconds East at 14.13 feet, having an arc lengtk� of 15.69 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE North 37 degrees 43 minutes 36 seconds East, over and across said Nalms Tract I, a distance of 20.00 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE South 52 degrees i6 minutes 24 seconds East, over and across said Nelms Tract i, a distance of 77.91 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non-tangent curve to the left, having a radius of 920.00 feet; (continued) C1107131�41 Pual M137 & M138 EXHIBIT "A" - to Special Warranty Deed rthur Surveying Co., I nc. �Ofess�ioxxar .iaaa szxxveyvxs P.O. Box 54 -� L.ewisvillo, Tcxas 75067 Office: t972) 221-9439 -- Fax: (972) 221-4675 THENCE over and across said Nelms Tract I, with said curve to the left, through a central angla of 32 degrees 32 minutes 30 seconds, whose chord bears North 19 degrees OS minutas 48 seconds East at 515.53 feet, having an arc length of 522.52 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for conner; THENCE North 02 degrees 52 minutes 33 seconds East, over and across said Nelms Tract I, a distance oP 31.69 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Nelms Tract I and the south line of said Nelms Tract II; THENCE North 87 degrees 51 minutes 52 seconds Eas� with the north line of said Nelms Tract I and tha south line of said Nelms Tract II, a distance of 12.55 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; TI�NCE North 02 degrees 52 minutes 33 seconds East, over and across said Nelms Tract II, a distanoe of 324.80 feet to a 1!2 inch iron rod with yellow cap stamped "ASC" set for corner in the north lina of said Nelms Tract IT and the south line of a remainder of a tract of land descn'bed to Mason A. Haggard and wife, Wilma Haggazd, recorded in Volume 337, Page 430, D.R.D.C.T.; THENCE Narth 88 degrees 56 minutes 53 saconds East, with the north lina of said Nelms Tract II and the south line of said Haggard tract, a distance of 14136 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for comer; THENCE South 02 degrees 12 minutes 08 seconds West, over and across said Nelms tracts, passing the south line of said Nelms Tract II, continuing on for a distance of 455.65 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non-taagent curve to the right, having a radius of 1082.50 feet; THENCE over and across said Nelms Tract I, with said curve to the right, through a central angle of 28 degree 13 minutes O1 seconds, whose chord bears South 21 degrees 39 minutes Sb saconds West at 527.74 feet, having an arc length of 533.10 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; 'fHENCE South 46 degrees 38 minutes 28 seconds East, over and across said Nelms Tract I, a distance of 218.20 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning of a non-tangent curve to the right, having a radius of 445.00 feet; THENCE over and across said Nelms Tract I, with said curve to the right, through a central angle of 18 degrees 46 minutes 44 seconds, whose chord be�rs South 38 degrees O1 minutes 45 saconds East at 145.20 feet, having an arc length of 145.85 feet to a"PK" nail set for comer in Mayhill Road; '['HENCE South 02 degrees 06 tninutes 21 seconds West, with Mayhii Road, a distance of 193.3b feet to tbie POINT OF BEGINNING and containing 7.628 acres of land of which 0.153 acres lies within existing Mayhill Road. �� f �� • O � C110713I-41 Parcel M137 8c M138 EXHIBIT "B" - to Special Warranty Deed Yesoa A Haggard �e wife. lfilma Ein88nrd Volume 337, Pege 490 �IY�nwinder� ��4 Ifevin Nelms — .. __ ]._ Vo1 9�.92, Pg. 911 � (— — +— Traat II \ �`� R� \ � R[aLnrd A. Qreb dc Naac� A Greb � a Ia�lr, Na. E008-100T70�y a� � Traci II � �g� z I.R.F. S858591 w� \ L13 ^ ��-----------�--�"'..�"�_�- i L12 J.R.i.� xss°sss3�� l�' 141.36' � 1 � � � New Dedication 7.475 ac. (325,607 sq. ft.) � Existing Implied Dedication 0.153 ac. (6,658 sq. ft.) _ f 7.628 Acres (s32,265 sq. ft.) � Parcel M137 & M238 � �C�j�\ �0 _ . _ /� Ke�in Nelma Vol 9492, Pg. 911 '(Yact I R[cberd A Greb k �,�+� Iiancp A. Greb y'� iaitr. Na 2009-100770 Fy�% 7Y'AOt I ��,� � � �iz „�q�$ � °� � �� '� �'j�a C4�I �'� rr�r; \ � � L7 � C� CS `yd� � �,.�r gos �see S88 0f'2j; W s 955.8s � � �� _� � C1 � �� v �3 �� N 300 0 150 300 SCALE: 1" =300' Bearings shovm hereon bescd on the City of Denton GTS Network. NOTfiS: • o=I.RS. • I.RF. =1/2" Iron Rod Found • C.R.S. =1/2" Iron Rod Set with yellow cap stamped "Arthur Surveying Compeny" coa Eaaemant . �= Mwnicipal Use Tiacu. Na 2006-3�815 � BPo.�E a mr�t� Ydume TB36, Paye �1.T6 • • i � i� lQ,g16 � C f �.1$ "PK" _ ��. _ �- _ _ r � Se 5 8 IR.F. __ -----� ('�' _,�_ �.---. �(C.M.) 1t � j i1 l providenae Place II gobert P. Aa�uY Cabinet $ Pnge 90S 91`I Volum� 998�4,nd�g� 906 ) � Donne119 Additioa , 1 �1 Cabinet 0, PaQe 7'r ;See page 2 for line & cwrve tables" E�.HIBIT "B" Ma�hill Road Parcel M137 & M138 7.628 Acres David Hough Survey, Abstract Number 646 Citp of Denton Denton County, Tesas -ZO�2- Ncil • t Implied Dedication • NaI! � • �� All improvements not shown hereon. Easemcnts recorded in Vol. 190, Pgs. 620 Bt 622, Vol. 336, Pgs. 347, 367 & 583, & Vol. 391, Pg. 169 do not affect this tract to tha best of my lrnowledga. Blenlat Easemeats rccorded in Vol. 357, Pg. 45 Bc Vol. 357, Pg, 54 � assigned in Vol. 2736, Pg. 828 includes ti�is tract Easement recorded in Vol. 341, Pg. 222 es assigoed in Vol. 367, Pg. 242 is centaed on a pipeline not specificalIy located Gas line shown was aot field verified. location pravided by others. � sao� � �4 . . `0.� saxv�xoxs t�u�rc�TTOrr: 13e �dcstw� � ba�r�r a rale Ruaeca (GF. Na 102b.3I � 10I632) t6at t5n �� m��Y��m,� ��A ooa�od. � m+� bo�a.�r Nae omEtas, eator�me� oved�ppo� a� tmpmvcmatr, axama� ad;htr a�way Iludl ��.��.�►�. rthur Surveying Co., Inc. ��r r,,� s� P.O.Hoz 64 - Lewisville, Tezae 75067 Ottice: (972) 221-9439 Fa� (972) 221-4675 Bslablished 198B Page 1 of 2 EXHIBIT "B" - to Special Warranty Deed EXHIB IT "B " Mayhill Road Parcel M137 & �138 7.628 Acres rthur Surveying Co Inc David Hough Survep, �� • Abstract Number 646 �`�� Cit of Denton p•o�= �-�ue� T� 75067 � 019%e: (972) 221-9499 Fas: (972) 221-4875 Denton County, Tegas Established 1988 - zo�2 - Page 2 of 2 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 Kevin Nelms, a married man, with the Property (as defined below) comprising no part of the homestead of he and his wife, and Richard Greb and wife, Nancy Greb (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 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 Exhibits "A-1" and "A-2", respectively, and depicted in Exhibits "B-1" and "B-2", respectively, 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, 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 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, 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 (S00') 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 a11 claims and causes of action that Grantor may have for or related to any defects in, or injury to, the Property. Page 2 of 4 0 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. KEV1N NELMS : . : : � ii:��:? i�_��cycs�:��. ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2013 by Kevin Nelms. Notary Public, State of Texas My commission expires: Page 3 of 4 THE STATE OF TEXAS COUNTY OF DENTON � 0 ACKNOWLEDGMENT This instrument was acicnowledged before me on , 2013 by Richard Greb. THE STATE OF TEXAS COUNTY OF DENTON `� � Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT This instrument was acknowledged before me on , 2013 by Nancy Greb. Upon Filing Return To: The City of Denton-Engineering Attn: Paul Williamson 901-A Texas Street Denton, Texas 76209 Page 4 of 4 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-1" - to Special Warranty Deed rthur Surveying Co., I nc. .Y�rvf+�ssso�eal L�ud Szu�sreyors P.O. Box 54 -� Lewisville, T'e�:as 75067 Of�ice: (972) 221-9439 -- Fax: (972) 221-4675 MUNICIPAL USE TRACT 2.151 Acres City of Denton, Denton County, Tegas BEING all that certain lot, tract oz parcel of land situated in the David Hough Survey, Abs�act Number 646, City of Denton, Denton County, Texas, and being part of Tracts I and II as described, by deed to Kevin Nelms, Recorded in Volume 3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as foIlows: BEGINriIlVG at a"PK" nail set in Mayhill Road for the northeast comor of said Nelms Tract II and the southeast corner of a remainder of a tract of Iand described by deed to Mason A. Haggard and wife, WiIma Haggard, recorded in Volume 337, Page 430, D.R.D.C.T.; THENCE South 02 degrees 06 minutes 21 seconds West, with Maylvll Road, passing the south line of said Nelms Tract II and the north line of said Nelms TYact I, continuing on for a distance of 1212.24 feet to a"PK" nail set in Mayhill Road for the beginning of a non-tangent curve to the left, having a radius of 445.00 feet; THENCE over and across said Nelms Tract I, with said curve to the left, through a central angle of 16 degrees 47 minutes 45 seconds, whose chord bears North 37 degreas 02 miautes IS seconds West at 129.98 feet, having an arc Iength of 130.45 feet to a 1/Z inch iron rod with yeIIow cap stamped "Arthur Surveying Company" (ASC) set for corner; THENCE North 02 degrees 12 minutes 08 seconds East, over and across said Nelms tracts, passing tha north line of said Nelms Tract I and the south line of said Nelms Tract II, continuing on for a distance of 1107.01 feat to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner in the north line of said Nelms Tract II and the south line of said Haggard t�rract; THENCE North 88 degrees 56 minutes 53 seconds �ast, with the north line of said Nelms Tract II and the south line of said Haggard tract, a distance of 80.31 feet to the POINT OF BEGINNING and containing 2.151 acres of land of wluch 0.904 acres lie within existing Mayhill Road. � 0�� ' o•� � C1107131�1 Perccl M137 & MI38-MUT EXHIBIT "B-1" - to Special�Warranty Deed � � lfeson A Haggard k l.R.F. No wite. 1111ms Hegsard � 4. cQ Yolume 937, Pn e{90 s I (rematndar� N88°56'S3"S �� o� ��s 80.31'� I � z �'IP.�Q Kevin Nelms __� VoL 3432, Pg. 911 � �� Trnc! II i \ ' fficherd A. Greb de � � Naaoy A Greb Inalr. Na 2008—l00770 Tract II I �.+�\� � S87'5i'52 W \ � I.R.F. 1585.9f _ �c.ar. __ __..��-.--- -- _ --^---�' New Municipal Use 0.863 ac. (37,�00 sq. ft.) � Existing Implied Dedication 0.904�c. ( 9,384 sq. ft, � Gas Easemont 0.384 ac. 16,717 sq. ft.) 1'� 2.151. Acres (93,701 sq. ft.) � Municipal Use Tract , a �� 0 I(evin Nelms �ki I \\ � vo� sasx, PQ. 911 , Prnet i �� Rlchard d Grob dc �� Naaoy A. Greb \,� 1nst1: No. 2008-1OD770 ��i,'�' � r�� Ttact I » I ,� l-� M��"r �\ I �� /\�. i1 ��y��,�o� / C / � � �� i � ; �ge� °rs� Y�� 821.6iw Roposed M�micipal` �, Use Tract 2 �I �_ �. L .r = exts �nq ��.. _�— — �"� 5/8" I.R.F. __ ---�--�-- _— _ ,_--- (C M.) ' � — �� provldsaoe Pkwe II 1� e 906 �� Cnbiaet $�B `, Volume 9984, Page 905 {remeinder) t DonneIIp ddditioa —��1 �1 Cabiae! 0, Page 7'7 CURVE TABLE #� Raditrs De1ts Chord CI 445.00' 130.45' 16°47'45" N37°02'�S"9V 12,9.98' �unicipal Use Tract 2.151 Acres David Hough Survep, Abstract Number Q46 City of Denton Denton Countp, Tegas - zo�z - � �� b :c Z � Ces Eorement Nn. 2008-34915 [il 300 0 150 300 SCALS: 1" m 300' Beerings shown horeon b�ed on the City of Denton C3IS Netwock. — 60' Brtrzos Efeotric Aower Ewanmt Ydume 1636, Page �36 Implied Dedication I ��' __' SaZbs�2��W i93.36 wA SQL Ol� NOTES; • o=I.RS. • I.R.F. � 1/2" Iron Rod Found • I.R.S. =1/2" Tron Rod Set wid� yellow cap stamped "Axthur Swveying Company" • All improvemenis not shown hereon. • Easements recorded fn Vol. 190, Pgs, 620 8c 622, Vol. 336, Pgs. 347, 367 Bt 583, 8c Vol. 391, Pg.169 do nat affecx this Irad to the best of my knowledge. • Blenket Eesemeats recorded 'u► Vol. 357, Pg. 45 & Vol. 357, Pg. 54 ac assigned in Vol. 2736, Pg. 828 iT1CIl1dC8 fh13 tt'dCf. • Eesemcnt recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is ceatered oa a pipeline not apecifically Ioceted. �� soizvaroas cQe�mec�►zrox: TLe nndmdarod don baebyoa6ib ro �fde Raoiace� (C3.F. Na I02631 � I�) mat�r aavey war BJ� d�ymade aa r5agro�d otme pcopalylep[�yda�6ed3aenmmdi�ooaie�f and m me 6attnfm�ylmowladyay tl�e am no via�Ae �mdar omaleA � m+us, bovidaY liae con9ieAy moro�mmb, ov�pd�B ad ��a�� ,��.��.��. rthur Surveying �o., Inc. ��rr.�a.s� P.O.Boz 54 — kwisvSlle, Tezas 75067 Office: (972) 22t-9439 Faz: (972) 221-4878 Setablished 198B EXHIBIT "A-2" - to Special Warranty Deed rthur Surveying Co., I nc. �roFessiona.I ��nd Srzrve,yors P.O. Box 54 -- Lewisville, Texas 75067 Of�ice: (972) 221-9439 -� Faa: (972) 221-4675 MUNICIPAL USE TRACT 0.125 Acre 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 part of Tract I as described by deed to Kevin Nelms, Recorded in Volume 3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly described as follows: COMMENCING at a"PK" nail set in Mayhill Road for the southeast corner of said Nelms tract and the northeast corner of a right-of-way dedication as shown on Providence Place II, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet X, Page 905, Plat Records, Denton County, Texas; THENCE South 88 degrees O 1 minutes 21 seconds West, with the south line of said Nelms tract and the north line of said right-of-way dedication, a distance of 28.98 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 O1 minutes 21 seconds West, with the south line of said Nelms tract and the north line of said Providence Place addition, a distance of 53,79 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner; THENCE North 02 degrees 12 minutes 08 seconds East, over and across said Nelms tract, a distance of 16130 feet to a 1/2 inch iron rod with yellow cap stamped "ASC" set for corner at the beginning of a non-tangent curve to the right, having a radius of 355.00 feet; THENCE over and across said Nelms tract, with said curve to the right, through a central angle of 27 degrees OS minutes 13 seconds, whose chord bears South 16 degrees 37 minutes 15 seconds East at 166.27 feet, an arc length of 167.83 feet to the POINT OF BEGINNING and containing 0.125 acre of land. C1107131-41 Parcel M137 & M138-MUT2 �' f' I �v EXHIBIT "B-2" - to Special�Warranty Deed lLason A. Haggard & wite, Wilma Heggnrd Volume 337, Page 430 (remainder) existfng ,e��e � Kevin Nelms _ _ _ � VoL 3432, Pg, 811 � Tract II � � I Richsrd A Greb k �gl I Nnnoy A Greb � Inetr. No. 2008-100770 i�5� ��s6° � i Tract [I I S87'S1 �52 W � I.R.F. 1585.91 _ ��'�.-------- -�-�-�----- -- \ W C I.R.F. No �o a �� e� orn � . 2 �� 1 I� ' I� � I! � 1 14T�I � \ \ I ' !i � \ � I �r' � � I � / � Kevin Nelms �� \ j � I Vol. 3432, Pg, 911 �4i� �� \�� I � Traot I � � � � � I Richard A. Greb & �,� � � \ I Nnncy A Greb �� ' 1 Instr, No. 2008-100770 �� te�°� Traot I � csb° �� '�� ?o�� ,,�„�°��~J �� i�l� � /� � + ��` New Municipal Use 0.074 ac. (3,202 sq. ft.) �` I� '� Gas Easement 0.051 ac. (2,222 sq. ft.) � ��,�r� � 0.125 Acres (5,424 sq. ft.) � I � ,9,�� Municipal Use Tract 2 � � �e�° te�'9"a I l � g O��b S88'01�21" °°ces ---— L3 I �.0 1738.8 ��,e�a p.._ — — L — — exls tng ._-_ �� _ — = — — 2 g�8" I.R.F, _ —�"�--�-- _----- (C.M.) 4 C-- — — e Provldence Plece II �� I Cabinet X Page 906 1� 1 P.O. . Donnelly Addition Cabtnei 0, PnBe 77 �y� LIIVE TABLE 1 t1 Robert P. Dounelly Volume 3384, Pa e 906 Ll S88°Ol'21 "W 38.98' (remainder� L2 S88°Ol'21 "W 53.79' L3 NO2°12'08"E 161.30' CURVE TABLE # Radius Len Delta Chord Cl 355,00' 167.83' 27°OS'13" S16°37'15"E 166.27' Municipal Use Tract 0.125 Acre David Hough Survey, Abstract Number 646 City vf Denton Denton County, Texas -- 2012 -- 1 I'�oo I� tl� I" I 3 N IQ �N �� Wa�' �� Gos Easement No. 2006—J4815 N 300 0 150 300 SCALE: 1" = 300' Bearings shown hereon based on the City of Denton GIS Nelwork. — 60' Brazos Electrfc Power Easement Voluma 1836, Poge 436 Proposed Municipal Use Tract 1 Nail NOTES: • o=I.R.S. • I.R.F. = 1/2" 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. 190, Pgs. 620 & 622, Vol. 336, Pgs. 347, 367 & 583, & Vol. 391, Pg. 169 do not affect this tract to the best of my knowledge. • Blanket Easements recorded in Vol. 357, Pg. 45 & Vol. 357, Pg. 54 as assigned in Vol. 2736, Pg. 828 includes this tract. • Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg. 242 is centered on a pipeline not specifically located. SURVEYORS CERTIPfCA1TON: T9�e uodeiaigned does Lerebycertit� W Title Resources (O.P. Na.102631 �& 102632) tLat tlila survey wes tive dey+nade on tLe pnund of the properry legelly deacribed herean end ia ca�rect, aed ro the 6eat oFmy knowledge, there ere no vis161e diecrepencies, conHtcb, shotteges ln ema, boundaty line canfllcts, mcroecLmenb, overlepping af lmpmvemante, eavoments or rigLte af way that7 have bem edvised af escepf ss shown Leroon rthur Surveying Co., I nc. Pmf�ssional Lena Surnyors P.O.Hoa 54 — Leniaville, Tegas 75067 Ottice: (972) 221-9439 Faz: (972) 221-4875 Eatablished 1988 ATTACHMENT 3 TO EASEMENT 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. DRAINAGE EASEMENT THE STATE OF TEXAS . COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THAT Kevin Nelms, a married man, with the Property (as defined below) comprising no part of the homestead of he and his wife, and Richard Greb and wife, Nancy Greb ("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 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"), 215 E. McKinney, Denton, Texas 76201, a perpetual drainage easement in, along, over, upon, under and across the following described property (the "Property"), owned by Grantor, and situated in Denton County, Texas, located in the David Hough Survey, Abstract No. 646, Denton County, Texas, to wit: PROPERTY DESCRIBED IN EXHIBITS "A-1" AND "A-2", RESPECTIVELY, AND DEPICTED IN EXHIBITS "B-1" AND "B-2", RESPECTIVELY, EACH ATTACHED HERETO AND MADE A PART HEREOF For the following purposes: Constructing, reconstructing, installing, repairing, relocating, operating, and perpetually maintaining drainage, and related drainage facilities and appurtenances, including without 1 limitation, the right to overflow the Property, in, along, over, upon, under and across said Property. The rights granted herein shall further include, without limitation, the free and uninterrupted use, liberty, passage, ingress, egress and regress, at all times in, along, over, upon, under and across the Property to Grantee herein, its agents, employees, contractors, worlcmen and representatives, for the purposes set forth herein, including without limitation, the making additions to, improvements on and repairs to said facilities and/or drainage features or grade, or any part thereof. This Easement is subject to the following: 1. Structures. No buildings, fences, structures, signs, facilities, improvements or obstructions of any kind, or portions thereof, shall be constructed, erected, reconstructed or placed in, along, over, upon, under or across the Property by Grantor. Further, Grantor stipulates and acicnowledges that the Grantee, in consideration of the benefits above set out, may alter the grade of the Property and may remove from the Property, such buildings, fences, structures, signs, facilities, improvements and other obstructions as may now or hereafter be found upon said Property and dispose of any such buildings, fences, structures, signs, facilities, improvements or obstructions in any manner it deems appropriate without liability to Grantee. 2. Maintenance of Lateral Slope. No activity, of any kind, shall be conducted on the Property by Grantor that may impair, damage or destroy the lateral slope established for drainage, including without limitation, excavation or movement of soil or other material. 3. Access. For the purpose of exercising and enjoying the rights granted herein, the Grantee shall have access to the Property by way of existing public property or right-of-way. 4. Trees and Landscaping. No shrub or tree shall be planted upon the Property or that may encroach upon the Property. Grantee may cut, trim, or remove any shrubs or trees, or portions of shrubs or trees now or hereafter located within or that may 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 restrictions contained herein, to make use of the Property for any purpose that does not interfere with the Grantee's rights granted to it herein for the purposes granted. 6. Successors and 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. � 2 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 THE STATE OF TEXAS COUNTY OF DENTON 0 0 day of , 2013. KEV1N NELMS f:i�i1:I: : � �f.��l:� NANCY GREB ACKNOWLEDGMENT This instrument was acicnowledged before me on THE STATE OF TEXAS COUNTY OF DENTON � 0 2013 by Kevin Nelms. Notary Public, State of Texas My commission expires: ACKNOWLEDGMENT This instrument was acknowledged before me on 2013 by Richard Greb. Notary Public, State of Texas My commission expires: 3 ACKNOWLEDGMENT THE STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on , 2013 by Nancy Greb. AFTER RECORDING RETURN TO: City of Denton Engineering Department 901-A Texas Street Denton, Texas 76209 Attn: Paul Williamson Notary Public, State of Texas My commission expires: � I�I � � � . � , . EXHIBIT "A-1" - to Drainage Easement � ', . i . l I� . rthux Surve�ing Co.., nc. .�rot'essivxs�.Y �:a,z�td Suax've,yaz-s P.O. Box 54 � Z,ewisville, Texas 75067 . Of�'ioo: (972) 221-9439 --- Fax: (972) 221-4675 20' DRAINAGE EASEMENT . � 0.037 Acre City of Denton, Denton County, Texas " BEING a11 that certain lot, tract or parcel of land situa�ted in the David Hough Survey, Abstract Number 646; City of Denton, Denton County, Tsxas, and being part of Tract I as described by deed to Kevin Nelms; Rec+orded in Volunne 3432, Page 911, Deed Records, Denton County, Texas (D.R.D.C.T.), and being more particularly des.cribed as follaws: COMMENCING at a"PK" nail set in Mayhill Road for the southeast corner of said Nelms tract and the northeast corner of a right-of-way dedication as shown on Providence Place II, an addition to tfie City of Denton; Denton County, Texas, accoxding to the plat thereof recorded in Cabinet X, Page 905;`Plat Records, Denfon Courity, Texas; ` THENCE South 88 degrees 01 minutes 21 seconds West, with the south line bf said Nelms tract and the north line of said right-of-way dedication, a distance of 865.78 feet to a 1/2 inch irbn rod with yellow cap stamped "Arthur Surveying Company" (ASC) set for corner; THENCE North O1 degees 58 minutes 58 seconds West, over and across said Nelms hract, a distanCe of 8.87 feet to .,. ; a 1/2 inch iron rod with yellow cap stamped "ASC" set for the beginning .of a non-tangent curve to tkie left; having a radius of 125.00 feet;. . THENCE over and across said Nelms tract, with said curve to the'left, through a central angle of 43 degrees 33: minutes 22 seconds, whose chord bears North 66 degrees 14 minutes 21 seconds East at 92:75 �fEet,>having ani arc length of 95.02 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 1106A� feet; , ' � ; THENCE over and across said Nelms tract, with said curve to tk►e right, through a cenfral aingle of 10 degrees 41 I! '. minutes 20 seconds, whose�chord bears North 29 degrees 29 minutes 56 seconds East at 206.03 feef; having an �•c I length of 20633 feet to �he POINT OF BEGINNING; , I THENCE North 52 degrees 16 minutes 24 seconds West, over and across said Nelrns tract; a distaince of 20.02 feet I to the begirining'of a non-tangent curve to the right, having a radius of 1126:00 feet; THENCE over and across said Nelms tract, with said curve to the right, through a eentral angle of 02 degrees 49 minutes 56 seconds, whose chord bears North 36 degrees 18 minutes 38 seconds East.at 55.65 feet� h�r+ing an arc � length of 55.66 feet to a point for corner; -' � THENCE North 37 degrees 43 minutes 36 seconds East, over and across said I�elms tract, a distance of 24.37,feet ; to a point for corner; THENCE South 52 degrees 16 rninutes 24 seconds East, over and aeross said Nelrr�s tract,. a distance of Z0:00 feet ' to .a point for corner; � . I I . I � � (continued) C1107131-41 ' Pazcel M138-DEl , - j . I . . ,. , .��....:.�.. ,.,. , . . , . . . _. ,., _ . . .. ... _ .. _..,. . , _. . , _ ,. �,,: ,. ,��r�G � � * , EXHIBIT "A-1" - to Drainage Easement . rthur Sur�eying C�.� I nc. .Pz�fessionaX L.a.xa.�d Sasrsr�,yrox�s . P.O. Box 54 �-- Lewisville, Texas 75067 - Of�co: (972) 221-94'39 � k'ax: (972) 221-4675 TIiENCE South 37 degrees 43 minutes 36 secoz►ds �Vest, over and across said Nelms tract; a distance of 24.37 feet� '� to the beginning of a non-tangent curve to the left, having a radius of 1106.00 feet; . THENCE over and across said Nelms tract; with said curve to the left; through a.Cen{ral angle of 02 degrees 53. :: ! minutes 00 seconds, whose chord bears South 36 degrees �7 minufes 06 seconds West �t 55.65 feet, having an arc I length of 55.66 feet to the POINT OF BEGINNING and containing 0.037 acre of land: '' 'O�� U� �'F li �fii �4��'��BTEq��.�,,q� ��s' ::�.Qw .� , �• J4Hi�1 M.��t1SS�� . � . �� .�' : ��...�t,�s,,;�� I � I C1107131-41 ' Pazcel MI38-DEI � . � � �� : I � � , , _ � ! , i i ' � . ,� . ' . . . . - . . . , .. , .... - , i .�,. . _...,,f....x�.knr 1..idih,Jln.At.��i"�j'�ur:+�Aa�n� EXHIBIT "B-1" - to. Draanage Easement i '� # I .::...:�-,;-.-... _......, .. .... ........... . .„....... . . . . . CURVE TABLE , # Radius Len De1ta Chord ..I I " ; , , o � �� o � �, , CI 125.00 95;U2. 43 3322 N66 1421 E 92.75 � , � f C 2 1 10 6.O D' 2 0 6. 3 3' 1 0° 4 1' 2 0" I V 2 9° 2 9' S 6" E .� 0 6. 0 3' � � s. Q� �� C3 112600' S5.66' 02°49'S6" N36°18'38"B 55.65' � o II � �a C4 1106.00' S5:66' 02°53'00" S36°17'06"W SS.65' � � � �_ g �ro \ �e� � !. � a ; :� s �:� � ioo o ioo aoo ;�� \�; � � & � _ I , 1,�=aoo� .' � �. _ SCALE, q, . � Q� , �Bearings shown hereon based on the City of Kev[n Nalme �� I "` . I Danton GIS Nahvork. - Vo1, 3432, Pg. 911 �.� � � I I �'� Tract I �,R.F. �+9 \ �II g I t (C.M.) q,l � � so' Brozos €lectrtc , �o� Richard !L G'reb & Po.war Epaement at� t° Nanoq A Greb � i � I� Volume 1636,' Page 436 s � 3 Instr. No. 2008-100770 p tA� i, ?e _ :l� e1 me _., �� Traot I g� ea y°�° �o�� . 15' Gas Easement ,�1 4to'4°' ��a!P! � g' Mstr, No. 2006-34815 0.037 Acre �� '' � � � � � ' i f 20' Drainage N37°43'36"B ,�� .. I �� w Easement 24.37' SS 20.004 $ •� \�.� �� N� (1,600 sq. ft.) .. • g i � � o . C3 S37°43'36"W �� ,: I 0 0. ,. N52°16'24"W C4 24.37' f.. � I � I z 20.02' . �e�a� � ? `¢Ra0 a4°. I ,$ ` C%2 P.o.�a. ° , p.o.c. J exlsting � r J� I� N01 '58'S,8°W fence __�- I ��B��IR.F 887 Ci� , �.�-----_' ,_ _- II .e� ---f-x-------r--�..� �,PK" Nall (C M_�:_.C'�.----.--�-�' �` .�"'_ S88'07 2i W 865.78 +._ -- --- --- Set , I ; ' ------------- --- —' " — = S88Ot'21��W ------------- -- . _ i ---- � 55.83 �"""-�� Donnelly Addition "�"'---� - --------- Cabinet 0, Page 77 `�- --- $ I . � Q��` 1 ` Providenoa P ge 906 I I � ..� � F ; 1 Cabinet }4 � ��'� ai�r�,q •-�, , ; ° � _ I �J;r �r � (�'�`,,Li� RobarE P DonrieUy � � , Volume 3384 Aa e 905 I d�H111 M. �Rll$$EL,L•• 1� � (remaiader� I _ ��...5so5...�.ff. No�s:1 . � , � �% • I.1t.F, =1/2" Tron Rod Found •�••�k'�'" \' • I.R.S. =1/2" Iron Rod Set with yellow cap stamped "Artiiur Surveying Company" '��iu��`" -` p . All improvements not shown hereon. . � • Basements recorded in Vol. 196, Pgs, 624 &'622, Vol. 336; Pgs, 347; 367 & S$3, & w•'�`q Vol. 391, Yg. 169 do not affect this fract to the best of my knowledge. � �y • Blanket Easetnents recorded in Vo1. 357, Pg. 45 & Vol. 357, Pg. 54:as assigend in �� Vol. 2736, Pg. 828 inclndes this tract: , • Easement recorded in Vol. 341, Pg. 222 as assigned in Vol. 367, Pg: 242 is. ceutered on a pipeline not specifically located. .. - i � I SURVEYO�tS CERTINICA770.N: I The ucdareigned dbea3aieby cartity to TiBe Reaourcae (�.P. No.102637 c� 102632) tLat tWe i siuvey wes thLs day merle on ffia growd of the' I PmperiylegnllY desort6ed hereon and ia comc; atid I ln �e 6a+tofinylmoivledga fhere 4rono v1e361e 24' Drainage Easement �8�,��as��Bbo��,�� ,'I ; Iiiia eontitcte, enoroaaLmenb, overlapPtnBbf improvamente; easameme or dghis ofwey tGaet I 0. U37 Aeres b�ve 6een adJised oFaceeptas shownLereon � . David Hough Survey, pr �', mber 646 rthU� SU�Veylll CO., In�. Abstract Nu 6 I � City of Denton Pr�o��o�r��s�� I7enton Count , Texas P.o.Boa s4 -� �,�e��a, TQgge ,7�os7 �� y 0lfice: (972) 221-9439"Faz:.(972) 221�4676 -- 2012 -- Establiehed �1988 I'I ,, „.__ . .... �,.. .<. ,,., _. ...: . ,.. .._ _._ . ... . .... ..... . . . .. . . . ...... . . .., ., . 0 sroe 13 - . � ,, .se... ,, .`; , _ _, . . . ,. � ,w.� 1 � ., �,. .,s,<�: _._. 's';, � EXHIBIT "A-2" - to Drainage Easement rthur Surveying Co;, I nc: ' � � .�'xo.aE-ession�.z �,�.�e�c3 �Sux-v+ey-ars P.O. Box 54 -� Lewisville, TexAS 75Q67 ' Officc: (972) 221-9439 w Fsx: (972) 221-4675 � � • EXHIBIT «A» 50'. DRAINAGE EASEMENT - 0.159 Acre , City of Denton, Denton County, Texas , i BEING all that certain lot, tract or parcel of land situated in the David. Hough Suxvey, Abstract Nw7nber 646, City of - Denton, Denton County, Texas, and being part of Tract I as described bydeed to Kevin Nelms, Recorded'in Volume. 3432, Page 911, Deed Records, Denton County, Texas (D.R,D:C.T.), and being more particularly descxib0d as � follows: i . � , CQNIIVIENCING at a"PK" nail set in Mayhill Road for the southeast corner of said Nelzns tract and tlia nflrtheast i corner of a:right-of-way dedication as shown on Providence Plaee II, an addition to the City of Deriton, Dentbn County, Texas� according to the plat thereof reeorded in Cabinet X; Page 9.05; P'lat Records; Denton County; fiexas,• _ TI�ENCE South 88 degrees O1 minutes 21 seconds West, with the south line of said N'elms tract and the north line � of said Providence Place II, a distance�of 382.61 feet to the P07NT OF BEGTNNING; _ i � '�HENCE Sautli 88 degrees O1 riminutes 2l. seconds West, continuing with the sa.uth lirie of said Ne1ms tract and tYie � ',: north line of said Providence Place II; a distance of 66.52 feet tb a point fox'corner; • ; � THENCE North 43 degrees 14 minutes 38 seconds West, over and across sald Nelms ixact;,a diatance of 112:01 feet _ 0 feet• • ent curve to the ri hf havin a radius of 905. 0. , to the be innin of a non tan g, g . � g g THENCE over and across said Nelms tract, with said curve to the right, through:a ce�tral angle of 02 degrees 5.7 j �inutes 45 seconds, whose chord beaxs North 36 degrees 14 minutes 44 seconds at46,79 feet,.having an arc length I of 46.79 feet to a point for corner; � - , � THENCE North 37 degrees 43 minutes 36 seconds East, over and across said Nelms tract, a distance o�4.05 feet to a point for corner; THENCE South 43 degrees 14 minutes 38 seconds East, over and across said Nelms tract, a distance of 165.06'feet to the POINT OF BEGINNING and containing 0.159 aeres of land. . \'V i � �OF T � � _�C�'�'i��tEA��9... C1107131-41 Parcel M138-AE2 v ` v\ .., ,�� .5SQ5 � � .... I� � .� �•F�ss!�` �O S�1F� I, , � � I . � _ ,� �.� �. _,�._. r. ,�.4:,.W �y.�.,�.��„��.��i3 EXHIBIT "B-2" - to Draina�e Easement N� � 200 0 l00 zo0 SCALE: 1" = 200' Bearings shown hereon based on the City of Denton aTS Nelivork. I.R.F ; � (C.'M:) � t�l ( - � / qW ' . .� N N 1 �-� t.. 2 0 1 . i � �•--* - ". 1. R: F. ;. M.) _ i ea ��9 � Kevin. Nelms YoL 3432, Pg. 911 ��at Y Rlchard A. Greb & Nancy A Creb Iast�'.: No. 2008-100770 Tradt I � ��. �' \\ \ I I � R=905.00' jL-=46.79' �\. � I I $. �i a C d N36 14'44"B \\.' \�, �' a. , b 46.79' � / �� I + a � � \ • � � + , •� �� . � ; g� '� , \ �� I s� � � �� e99 \ �� $ � � \ 80' Brazos Electrlc �� Power Easament Volume 1836,,Page 43B 0�� °0� �� aa 4 oir� 18' Gas Easement �4� �04°'�_ � �ove � � ^•-I ; � Instr. No. 2006-3�4815 ' . �'�' ��' �°` � � I �. � \ ,�,, � � $ �. ' ' � �'� � � $� � 0.159 Acre � �. . f N3?°43'3B«B . 50' Drainage � , _ 4.os� Easement (6;939 sq. ft.)' � Cl �,�� '_. N43I 4'38"W ��'„�d,� � �. O:. L. �.+ I �.'O. V. / i z.o _ � �`� _ � - - = ��--- ��v: �-+ +'- �"'°"�' � n--588'01 2 riW 382 61 "P 5et aIf . exrst�n S88 02 21 W _ .21',w fence ---66.52'— -- -- a,;_ .49 ------ ---� --- -------- - - - ` . Donnelly Addition —�'�+ �--~--- r $ : Cabinet 0, Page 77 1 � I � 5Q' Drainage Easement 0.159 Acre David Hough Survey, � Abstract Number 646 .City of Denton Denton County, Texas -- 2012 -- � _... .r... ,.. .....,,. . „� .... .�,.._.., .,. :_ ._ _...., . ,. 10 - arce M13B,D ;` Provldenae Place II . i ,Cabinet $ PaBe 906 � �' � Roberi P. Donnellq I , 1` Voluma, 3384, Pa e 906 � �I 1 (reinainder� I NOTES: " . I.R.F. = 1/2" Iron Rod Found • T.R.S. ° 1/2" Iron Rqd Set with yellow cap stamped "Arthur Surveying Company" • All improvements not sfiown hereon, • Easements recorded in Vo1,�.190, Pgs: 620 & 622, Vo1..336, Pgs, 347,.367 & 5&3, &,_ Vo1. 391, Pg. 169 do not affect.this ttract to the best of tny lmoyvledge. • Blanket Easements recorded in Vol. 357, Pg: 45 & Vol: 357;.Pg. 54 as assigend in Voi. 2736, Pg. 828 includes this traot:: . • Easement recorded: in Vol. 341, Pg; 222 as assigned In Vol. 367> Pg: 242 is centered on a pipeline not speaifically located,. SURVEYOR3 CER�767CAT1OlY: T6o underalgual does horob.v �ertliS'ro;TYtle Reaourcas (C! F. No,102631 & 102633) that this eurvoy was this dey msdo ou tLa grauud aftha ' propertylegeify dasoilbedflareon end ie correcy end to tlie beet of;mylmomledge,' thete ere ao vislble dleacpaacles,.coaFliots, afioifages In erea, 6oundery line conHlata, enoroschmeara, ovarleaipfng oP � improv,emmta,eavementeorilghmofweytl�etI , Lsve bean edvlaed of ozcapt ea ehown hereon � � rthur Surveying Ca, Inc. P�ofessio.u�1 La.ad Surt++eyors P.O.Bog 54 - Lervieville, Tesaa 75067 OPfice: (972) 221-9439 Fax: (97�) 221-.4876 Eetabliahed 1986 �:.' _ �:Yf �.t.�'nu�:::,_ . �-?�..- . ' . . . ' .. . .. . . . .. . . . ,.. .. . _ . . ... .. .. . . ... . �.... ._ . . ..�,.s �..��,..�.�w..k..�i.,..��