The URL can be used to link to this page

2013-185s:llegal\our documentslordinances\13\chamberlain-condemnation ordinance.doc o�rN�vcE No. 2013-185 AN ORDINANCE FINDING THAT A PUBLIC IJSE AND NECESSITY EXISTS TO ACQUIRE THROUGH THE EXERCISE OF THE RIGHT OF EMINENT DOMAIN (I) FEE SIMPLE TITLE TO THE SURFACE ESTATE, WITH WAIVER OF SURFACE USE RELATED TO THE MINERAL ESTATE, OF A 1.91 ACRE TRACT; (II) A UTILITY AND SLOPE EASEMENT ENCUMBERING 0.57 ACRE; AND (III) A DRAINAGE EASEMENT ENCUMBERING 0.02 ACRE, FOR THE PUBLIC USE OF EXPANDING AND IMPROVING BONNIE BRAE STREET, A MLTNICIPAL STREET AND ROADWAY, THE AFFECTED LANDS AND INTERESTS BE1NG GENERALLY LOCATED ON ROSELAWN DRIVE, 600 FEET EAST OF SOUTH BONNIE BRAE STREET, AND BE1NG SITUATED 1N THE JAMES EDMONSON SURVEY, ABSTRACT NUMBER 400, CITY OF DENTON, DENTON COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF (COLLECTIVELY, THE "PROPERTY 1NTERESTS"); AUTHORIZING THE FILING AND PROSECUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE THE PROPERTY INTERESTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; MAKING FINDINGS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas (the "City") has initiated the widening and expansion of Bonnie Brae Street affecting, among other lands and interests, the Property Interests; WHEREAS, the widening and expansion of Bonnie Brae Street constitutes a valid public use of the City and its citizens; WHEREAS, the City made a written Initial Offer (herein so called) to the Chamberlain Trust, the owner of the Property Interests ("Owner") on June 13, 2012; WHEREAS, the City provided to the Owner of the Property Interests at the time of presenting the Initial Offer, by certified mail, return receipt requested, all appraisal reports produced or acquired by the City relating specifically to the Owner's property prepared in the ten (10) years preceding the date of the Initial Offer; WHEREAS, the Initial Offer made by the City to the Owner of the Property Interests did not include a confidentiality provision and fizrther informed the Owner of the Property Interests that such Owner had the right to (i) discuss any offer or agreement regarding the City's acquisition of the Property Interests with others; or (ii) keep the offer or agreement confidential, unless the offer or agreement would be subject to Chapter 552 of the Texas Government Code (the "Non Confidential Notice"); WHEREAS, the City made a written Final Offer (herein so called) to the Owner of the Property Interests on February 20, 2013, said date being after the thirtieth (30th) day after the date on which the City made the Initial Offer to the Owner of the Property Interests; WHEREAS, along with such Fina1 Offer, the Owner of the Property Interests was provided a written appraisal from a certified appraiser of the value of the Property Interests and the damages, if any, to any of the Owner's remaining property; WHEREAS, the Final Offer made to the Owner of the Property Interests was equal to or greater than the amount of the written appraisal obtained by the City; WHEREAS, the Final Offer made to the Owner of the Property Interests included (i) a copy of the written appraisal; (ii) copies of the (a) special warranty deed; (b) utility and slope easement; and (c) drainage easement, all being the instruments proposed to convey the Property Interests sought to be acquired by the City; (iii) the Landowner's Bill of Rights statement prescribed by Section 21.0112 of the Texas Property Code; and (iv) the Non Confidential Notice; WHEREAS, the City provided the Owner of the Property Interests at least fourteen (14) days to respond to the Fina1 Offer and the Owner of the Property Interests did not agree to the terms of the Final Offer within that period; WHEREAS, the notice for the public meeting of the City Council of the City in which this Ordinance is considered, in addition to other information as required by Subchapter C, Chapter 551, of the Texas Government Code, expressly included the consideration by the City of Denton of the use of eminent domain to condemn the Property Interests; WHEREAS, in ordaining the matters set forth herein, the motion to pass and approve this ordinance was stated as "I move that the City of Denton, Texas authorize the use of the power of eminent domain to acquire (1) fee simple to the surface estate, with waiver of surface use related to the mineral estate, of a 1.91 acre tract; (2) a utility and slope easement encumbering 0.57 acre of real property; and (3) a drainage easement encumbering 0.02 acre of real property; all being generally located on Roselawn Drive, 600 feet east of South Bonnie Brae Street, and being situated in the James Edmonson Survey, Abstract No. 400, and all being more particularly described in Exhibit "A" to the ordinance now under consideration and on the overhead screen being now displayed to the audience, for the public use of Bonnie Brae Street improvements and expansion, a street and roadway in the City of Denton, Texas"; and WHEREAS, after due consideration of the public interests to be furthered by the public use of municipal street and roadway improvements and expansion related to Bonnie Brae Street, a street and roadway in the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Council finds that a public use and necessity exists to widen and improve Bonnie Brae Street to serve the citizens of the City of Denton, Texas, and that the public welfare and convenience requires the acquisition of the Property Interests, and the City of Denton, Texas does hereby exercise its home-rule and statutory authority to acquire by eminent domain, (1) fee simple to the surface estate, with waiver of surface use related to the mineral estate, of 1.91 acres of real property; (2) a utility and slope easement encumbering 0.57 acre of real property; and (3) a drainage easement, encumbering 0.02 acre of real property, all affected 2 tracts being described in Exhibit "A", attached hereto and made a part hereof by reference. The Council hereby further finds and determines that the acquisition of the Property Interests is for a public use, to serve the public and the citizens of the City of Denton, Texas. SECTION 2. The Council hereby authorizes and directs the filing and prosecution of eminent domain proceedings by the City of Denton, Texas to acquire the Property Interests. SECTION 3. The City Council hereby finds that the Owner was the record title owner of said Property Interests at the time of making the Initial Offer and Final Offer. Without limiting the general authorization provided in Section 2, above, the City Council further authorizes joinder of additional or differing owner or owners, or claimant or claimants, of the Property Interests, if applicable, in the eminent domain proceedings, and to condemn the interests of each such parties to acquire the Property Interests. SECTION 4. The City Manager, or his designee, shall have the authority to do all things necessary or appropriate to acquire the Property Interests by eminent domain, including without limitation, the authority to expend funds related to the prosecution of such eminent domain proceedings. SECTION 5. The recitals provided in this Ordinance, as set forth above, are specifically and expressly adopted by the Council as express findings by the Council. 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 rernaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 7. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the �f day of �(,�G� � , 2013. � �� M RK . B UGH� , MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: 3 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY By: � PAGE A OF 6 r 1 ! / -----------___L Ir I / / � 1 I � 3 a JACK PARKE5 AND � � WIFE BETTY PARKEB ti YDL. 5022, PG. 3438 O.R.D.C.T. 3 m� rj M ¢ � E%IS7TNG R.O.W. POINT OF I COMMENCING FND S/2"IR/456f � � I EXHIBIT "A" - to Ordinance (Property Interests) F�+ ��a ; '^1`s �� . ;�: ,��';��,; .�� : � �, $ �F�`, '�� . y'� : . J.. . EXTSTIND R.O,W. N00'DO'00"E 8.49' snvE a �xc�ar TRACT f JACK ARLYN PARKE9 VOL, 4073 PG, l207 O,R.d,C.T. ALL PROPERTY CORNERS ARE SE7 1/2"IR/ GAI CAP UNLESS OTHERWISE NOTED, NOTE: SET 1/2" T.Fl, W/ GAI CAP TO BE SET A7 END OF CONSTRUCTION. SEE SHEET 2 I �-- A= 2'34' i4" p=2452.50' T=55.02' L�110.03' N01'17'07"W Lc=110.02' THE CHAMBERLAYN TRUST ' VOL. 4522, PG. 1336 D.R.D.C.T. PROPOSED R^D.W� N45'00'00 21,92' � � � �. 0 Q ¢ ai � � � � a � Qy N89'91'93"W 900.03� ROSELAiPN DiiYVE T O F_ (VARIABLE WIDTH R.O.W.) , JACK ARLYN PAHKES YOL. 4073, fa. 1207 D.R.O.C.T. I� � � � BASIS OF BEARING IS NORTH AMERICAN DATUM OF i983 (NAD-83) STATE PLANE CQORbTNATE SYSTEM, TEXAS NQRTH CENTRAL. PARCEL 34—ROW—i BEING 83,338 SQ.FT./1.91 ACRE SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 4U0, DENTON CDUNTY, TEXAS pRAPHIC SCALE ��-�oa� 0 50 100 150 � � Graham Associates,lnc. ■ CONSULTING ENGINEERS dt PLANNERS E00 5X FLA05 DRIVE. SUITE 600 ARLINaTON, 7EXAS 74011 (817) 6�0--6636 79PE FlRM: F-1191/iBPLS FlRA1 101638-00 �ATE: JULY 2011 I .,i��.,��i�... �...,. . PAGE 2 OF 6 I � , � � 1 1 I I —� .�I— ' � � 1 1 I � � I � (A ^ �� 0 W¢ � �O 3 �� V � > i 2925 5. BONNIE 6RAE ALFREO & BECKY CAMP INST. N0. 20f0-62292 D.R.D.C.T. N89'55'12"W 19.64' FNO B/0`IR I 1 �R�'; I �� ,. r�;: „ "' �� 1A �, .� `? i <,�``�'�.'- � � h,��s.: .�`� EXHIBIT "A" - to Ordinance (Property Interests) NO6'a0'00" 6. fi4' THE CHAM6EFILAIN TRUST VOL. 4522, PG. 1336 D.R.D.C.T. ALL PROPERTY CORNERS ARE 5ET 1/2"IR/ GAI CAP UNLESS O1'HERWISE NOTED. NOTE: 5ET i/2" I.R. W/ GAI CAP TO BE SE7 AT END 0� CaNS7RUCTION. - i� �'& '"�S`�'e.l.,i �J ��.a'� n: ;'✓� 1 .. -�:� ,�p= �:.: �.�eF - a4.:. HAVOLN 470 �pPGE5i29�C. O,R.O.C.T. S89'55'12"E 95.00' , �' � 500'00'00"W 6.51' %. SURVEY LINE : ' ea a•34�aa° i R=2452.50' A= 2'34' 14" �� , � ' L�150�03' R=2547,50' • / �,/�l', +; 501'!7'07"E L=114129' � ', � Lc=110.D2' N01'17'07"W % � ��• ��=114.28 � �'� ��:' THE CHAMBERLAIN TRU57 '`'' ; �,%;. : �. VOL. 4522, PG. 1336 •i 3 � D.R.D.C.T. i � PROPOSED R.D.W. ' ` �' PROP09E0 R.O.W. �� ¢ f ''� .O • i' . F" �'rn ,�'j r �,: - .- , � n � �Ai�� , m 3 j�`O•� i im � . m . �f f Iw i a �� O� � ' ti 'v i,,, /p'''`� /' m i f a �, , 'd� . �m a ; �; /' o °z • / �� sEE saE�T i BASIS OF B�ARING IS NORTH AMERTCAN DATUM OF 1983 (NA�–B3) STATE PLANE CODRDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34—ROW-- i BEING 83,338 SQ.FT./1.91 ACRE SITUATED TN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS G Graham Associates,lnc.. Q CONSULTING ENGIHEER5 dt PIANNERS eoo s�x Fucs o�vE. sui� aoo uiunaror+. 7E%AS 76011 �e�� a�o–ssaa �e� Flr�� v–ttot/r��x.s R � to�eae–oo n tlRAPHIC SCALE !'a100' 0 50 100 150 DATE: JULY 2011 i in....r.... ioa�_o�w-e . PAGE 3 OF 6 SEE SHEET 2 I .�T � •?�i '„'� 3 .' � Q � � I[) C v� rn c �V° � " °a• 3 `� � I -` l • . . C � � :/. V 1 r - � / �osEr�,�rrr nRn� (VARIABLE WIOTH R.O.W.) A= 2'34'i4" q=2647,50' Tm57.15' L�114.29' S01'17'07"E Lcm114.28' TME CHAMB�RLAIN TRUS7 VOL. 4522, PG. l336 D.R.D.C.T. '00"E 590'00'00"E 432.50' • . i' ; .' , / • N89'31'33"W 900.03' LONOHtlRN COUNCIL BOY SCOUT FOUNDATI�N, INC. VOL.4B0 P0. 926 o.a.b.c.r. ALL PROPERTY CORNERS ARE 5E7 1/2"TR/ GAI CAP UNLESS OTHERWISE N07E0, NO7E: 5�T 4/2" I.R. W/ GAI CAP TO BE SET AT END OF CONSTRUCTION. EXHIBIT "A" - to Ordinance (Property Interests) ,c ,� j .� : ��r� `:�.�` �� . �G, ..• .�� '"' . �� a�� , �... . pqOPOSEO R.O.W. S00'00'00"W / .// / � ' `� 22. 44' � � r" BASIS OF BEAFITNG :[S NOR7H AMERTCAN DATUM OF 1983 (NA�-83)•STATE PLANE COORDINATE SY5TEM, TEXAS NORTH CENTRAL. PARCEL 34—ROW-1 BEING 83,338 SQ.FT./1.91 ACRE SITUATED IN THE JAMES EDMONSdN SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Graham Associates,lnc. ■ CONSULTING ENGINEERS dc PLANNERS E00 SIX Fl.AOS DRIVF., SUITE 600 ARLINOTGN. TEXAS 76011 C61 E�0-8535 TBPE FlRM: f-1191/TBPLS Fl: 1C1638-00 � GRAPHIC BCALE 1"-100' 0 50 100 150 DATE: JULY 2011 _I PAGE 4 OF b EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-ROW-1 LEGAL DESCRIl'TION Being a 1.41 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded ir� �Iolume 4522, Page 1336, Deed Records, Denton County, Texas. Said 1.91 acre tract of land being more particularly described by metes and bounds as follows: COMMENCTNG at a found 1/2 inch iron rod with 4561 cap, being the southeast corner of a tract of land conveyed to Jack Parkes and vvife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Den.ton County, Texas, and being in the north line of a Save & Except Tract 1, conveyed to Jack Arlyn Parkes, as recorded in Volurne 4073, Page 1207, Deed Records, Denton County, Texas, also being in the existing west right- of-way line of Bonnie Brae Street (having a variable width R.O.W.); � THENCE North 77°59'07" East, leaving said existing west right-of way line, for a distance of 189.79 feet to a set 1/2 inch iron rod with GAI cap for corner, being the POINT OF BEGTNNTNG, and bein.g in the proposed north right-of-way line of Roselawn Drive (a variable width R.O.W.); THENCE Nortli 00°00'00" East, along said proposed north right-of-way line, a distance of 8.49 feet to a set 1/2 inch iron rod with GAI cap for corn.er; THENCE South 90°00'00" East, continuing along said proposed north right-of-way line, for a distance of 337.00 feet to a set 1/2 inch iron rod with GAI cap for corner, being the most southerly point of a corner-clip with the proposed west right-of-way line of said Bonnie Brae Street (a variable width R.O.W.); THENCE North 45°00'00" East, along said corner-clip, for a distance of 21.92 feet to a set 1/2 inch iron rod with GAI cap for corner, being in said proposed west right-of-way line of Bonnie Brae Street; THENCE North OQ°00'00" East, along said proposed west night-of-way line, for a distance of 147.00 feet to a set 1/2 inch iron rod with GAI cap for corz�.er, being the beginning of a tangent curve to the left having a radius of 2452.50 feet, a central angle of 2°34' 14" and a long chord which bears North O 1° 17'07" West, 110.02 feet; THENCE northwesterly, along said proposed west right-of way line and said curva to the left, an arc distance of 110.03 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE North 02°34'14" West, continuing along said propased west right-nf-way line, for a distance of 333.77 feet to a set 1/2 inch iron rod with GAI cap for corner, being the beginning of a tangent curve to the right having a radius of 2547.50 feet, a central angle of 2°34'14" and a long chord which bears North O1 °17'07" West, 114.28 feet; EXHIBIT "A" - to Ordinance (Property Interests) PAGE 5 OF 6 THENCE northwesterly, along said proposed west right-of-vvay line and said curve to the right, an arc distance of 114.29 feet to a set 1/2 inch �iron rod with GAI cap for corner; THENCE North 00°00'00" East, continuing along said proposed west right-c�f way line, for a distance of 6.64 feet to a set 1/2 inch iron rod with GAI cap for corner, �being in the north line af said Chamberlain Trust tract, and from which a found 5/8 inch iron rod for the southeast corner of a tract of land conveyed by deed to Alfred and Beck Camp, as recorded in Tnstrwnent No. 2010-62292, Deed Records, Denton County, Texas, bears North 89°55'12" West, 19.64 feet, said point also being in the south line of a tract of land conveyed by deed to Harlan Properties, Inc., as recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas; THENCE South 89°55'12" East, leaving said proposed west right-of-way line and following along said north line and said south line, for a distance of 95.00 feet to a set 1/2 inch iron rod with GAI cap £or corner, being in the proposed east right-of-way line of said Bonnie Brae Street; THENCE South 00°00'00" West, leavin� said north line and following along said proposed east right-of-way line, for a distance of 6.51 feet to a set 1/2 inch iron rod with GAT cap for carner, being the beginning of a tangent curve to the left having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears South O1°17'07" East,110.02 feet; THENCE southeasterly, along said proposed east right-oi way line and said curve to the left, an arc distance of 110.03 feet to a set 1/2 inch iron rod with GAT cap for c;orner; THENCE South 02°34'14" East, continuing along said proposed east right-of-way line, for a distance of 333.77 feet to a set 1/2 inch iron rod with GAI cap for corner, being the beginning of a tangent curve to the right having a radius of 2547.50 feet, a central angle of 2°34' 14" and a long chord which bears South 01 ° 17'07" East, 114.28 feet; THENCE southeasterly, along said proposed east right-of-way line and said curve to the right, an arc distance of 114.29 feet to a set 1/2 inch iron rod with GAI cap for corner; THENCE South 00°00'00" West, continuing along said proposed east right-of-way line, :for a distance of 136.00 feet to a set 1/2 inch iron rod with GAI cap for corner, being the most northerly point af a corner-clip with the said proposed north right-of-way line of Roselawn Drive; THENCE South 45°00'00" East, along said corner-clip, for a distance of 28.28 feet to a set 1/2 inch iron rod with GAI cap for corner, being in said proposed north right-of-way line of Roselawn Drive; THENCE South 90°00'00" East, along said proposed north right-of-way 1ine, for a distance of 432.50 feet to a set 1/2 inch iron rod with GAI cap for corner; EXHIBIT "A" - to Ordinance (Property Interests) PAGE 6 OF 6 THENCE South 00°00'00" West, continuing along said proposed north right-of-way line, for a distance of 22.44 feet to a set 1/2 inch iron rod with GAI cap for corner, being in the existing north right-of-way line of said Roselawn Drive; THENCE North 89°31'33" West, along said existing north right-of way line, for a distance of 900.03 feet to the POINT OF BEGINNING and CONTAIlVING $3,338 square feet or 1.91 acres of land, more or less. PAOE 1 OF 4 I I 1 � � �-- 3 �O � � � a H 3 O� �m 1 1 2925 5. 80NtJIE 9RAE ALFRED & BECKY CAMP INST. N0. 2010-62292 D.R.D,C.T. I I �� I .,�3° �,�,�� '' �� a�� S89'37'17"E 0.36' N00 •00' 00"E 6.67' THE CHAMB�RLAIN TRUST VaL. 4522, pG. 1336 D.R.U.C.T. A� 2'34'14" Rm2567.50' T=57.60' Lri15.19' N01'17'07"W Lc=115.18' PROP05E� q.O.W. NO2'34'14 333.77' EXHIBIT "A" - to Ordinance (Property Interests) ��V� � �� .�� • C �s �+� ��+� 3� �� HAR�AN PROPERTIES, INC. VOL. 4704, PG, 1297 D.R.�,C.7. POINT OF BEGINNIN6 FN� S/B"IR 589'55' 12"E 19.64' •ao�oo°w 6,64' p= 2'34'14" R-2547.50' Ta57.15' L=114,09' S01•17'07"E Lc=114,28' � � p i�7 ¢ SURVEY LINE pROPO5E0 R.O.W. THE CHAMBERLAIN TRUST VOL. 4522, PG. l336 a�o D.R.O.C.T. o �° � w �502'34'14"� 333,77' sE� sxE�T 2 BASTS OF BEARING I5 NORTH AMERICAN DATUM OF i983 (NAO-e3) STATE PLANE COORDINATE SYSTEM, TEXAS NORTH CEN7RAL. PARCEL 34-USE-1 BEING A 14,425 SQ.FT./0.33 ACRE UTILITY & SLOPE EASEMENT SITUATED IN THE JAMES EDMONS4N SURVEY, ABSTRACT N0. 400, DENTON C�UNTY, TEXAS Graham Associdtes,lnc. . CONSULTINO ENGINEERS �C PLANNERS eoo s�x rz.�cs owve. sui� soo MLINQTON, 7EXA5 7a011 (817) 64o-883b TBPE FlRMs F-1191/7BPL9 flRAft 701638—DO n OpAPNIC SCALE !'�100' 0 50 100 150 DATE: DECEMgER 2011 I/nanl�nn/P3d—L15E—i � PAGE 2 OF 4 � � �� NO2'34' 14"W � �•. 333.77' � \' �\ � �;. e= z•a4�ia° fl=2432.50' T�54.57' Lm109.13' N01'17'07"W Lcmi09.i2' THE CHAMBERLAIN TRUST VOL. 4522, PG. 1336 D.R.D.C.T. PFOPO5ED R.O.W. N00'00'00" 162.50' N90 '00 ' 00 " 4.50' � � JACK ARLYN pARKES � VOL. 4073, PG. 1207 � D.R.D.C.T. I � � EXHIBIT "A" - to Ordinance (Property Interests) SEE SHEET i d'14"E .77' �� ov o d �� o� a \ `-G= 2'34'14 �*� R=2452,50' I',; T=65.02' � :��. ��iio,os� •• S01'17'07" �:�� Lc=110.02' I; i,'�;: �: ,..::� . 500 '00' 00 147.00' •oo�oo��w ROSELAIPN DRIVE 1'92 (VARIA6LE WIOTH A.O.W.) LONGHORN COUNCIL BOY SCOUT FOUNDATION. INC. VOL.450, PG. 526 �,R.D.C.T. BASIS OF BEARYNG IS NORTH AMERTCAN I]ATUM OF 1983 (NAD-83) STATE PLANE COOROINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34-USE-1 BE�NG A 14,425 SQ.FT./0.33 ACRE UTILITY & SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, � ABSTRACT N0. 400, n DENTON COUNTY, TEXAS � Graham Associates,inc. ■ CONSULTING ENGINEERS dc PLANNERS eoo s�x ruos oRwE. sui� 600 ,�uNO�, �w►s �ao�t �at» e�o—esaa i6PE FlNAIt F-1191/TBPIS RMi 101S3B-00 GRAPHIC SCAL@ i'-f0a' 0 BO 100 150 DATE: DECEMBER 2011 � wuo��i� „� ....� . PAGE 3 OF 4 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-USE-1 LEGAL DESCRIPTTON SLOPE EASEMENT Being a 0.33 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.33 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 inch iron rod, being the southeast corner of a tract of land conveyed by deed to Alfred and Becky Camp, as recorded in Instrument No. 2010-62292, Deed Records, Denton County, Texas, and the southwest corner of a tract of land conveyed by deed to Harlan Properties, Inc., as recorded in Volume 4704, Page 1297, Deed Records, Denion County, Texas, also being in the north line of said Chamberlain Trust tract; THENCE South 89°55'12" East, along said north line of Chamberlain Trust tract and the south line of said Harlan tract, for a distance of 19.64 feet to a point for corner, said point being the proposed west right-of-way line of Bonnie Brae Street (a 95 foot R.O.W.}; THENCE South 00°00'00" West, leaving said north line and following along said proposed west right-of-way Iine, for a distance of 6.64 feet to a point for corner, being the beginning oi a tangent curve to the left having a radius of 2547.50 feet, a central angle of 2°34'14" and a long chord which bears South 01°17'07" East, 114.28 feet; THENCE southeasterly, along said proposed west right-of-way line and said tangent curve to the left, an arc distance of 114.29 feet to a point for corner; THENCE South 02°34'14" East, continuing along said proposed west right-of way line, for a distance of �33.77 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears South Ol ° 17'07" East, 110.02 feet; THENCE southeasterly, along said proposed west right-of-way l�ne and said curve to the right, an arc distance of 110.03 feet to a point far corner; THENCE South 00°00'00" West, continuing along said proposed west right-o£-way line, for a distance of 147.00 feet to a point for corner, being the most northerly point of a corner-clip with the proposed north right-of-way line of Roselawn Drive (a variable width R.O.W.); THENCE South 45°00'00" West, along said corner=clip, for a distance of 21.92 feet to a point for corner, being in said proposed north right-of-way lirie of said Roselawn Drive; THENCE North 90°00'00" West, along said proposed north right-of-way line, for a distance of 4.50 feet to a point for corner; EXHIBIT "A" - to Ordinance (Property Interests) PAGE 4 OF 4 THENCE North 00°00'00" East, leaving said proposed north right-of-way line, for a distance of 162.50 feet to a point far corner, being the beginning of a tangent curve to the left having a radius oi 2432.50 feet, a central angle of 2°34'14" and a long chord which bears North 01°17'07" West, 109.12 feet; . THENCE northwesterly, along said tangent curve to the left, an arc distance of 109.13 feet to a point for corner; THENCE North 02°34'14" West, for a distance of 333.77 feet to a point for corner, being the beginning of a tax�.gent� curve to the right having a radiu�s of 2567.50 feet, a cenbcal angle of 2°34'14" and a long chord which bears North O1°17'07" West, 115.18 feet; THENCE northwesterly, along said curve to the right, an arc distance of 115.19 feet to a point for corner; THENCE North 00°00'00" East, for a distance of 6.67 feet to a point for cornar, being in the said north line of Chamberlain Trust tract; THENCE South 89°37'17" East, along said north line, for a distance of 0.36 feet to the 1'OTNT OF BEGINNING and CONTAINING 14,425 square feet or 0.33 acres of land, more or less. 03-15-�v• � h PAGE 1 OF 4 I � � � -: a O �� 3 �J 1 �� 2B25 $� BONNIE BRAE ALFREO & BECKY CAMP TN9T. N0. 2010-82292 O�R.O.C.T. POINT�OF COMMENCING FNO 8/8"IR I 1 � I � �� • � � �� THE CHAMBERLAIN 7RUST VOL. 4522, PG. 1336 D,R.O.C.T. EXHIBIT "A" - to Ordinance (Property Interests) ses •�5 � 12 ° e 114.6A' N00 '00' 00" 6,51' A= 2'34'14" Rm2452.50' T=55.02' L@110.03' N01'17'07"W Lc=i10.02' � � �� HARLAN PROPERTIE3, INC, VOL, 4704, P0, l297 D.R.O.C.T. POINT OF BEGINNING 589'85' 12"E 15,00' -500'00'00"W SUFVEY LINE 6.49' �= 2'34'14" R=2497.50' 7�54.69' L=109.35' S01'17'07"E L�-109.35' Y O s n fi , � ° m �. m � m "' THE CHAMBEFiLAIN TRUS7 oM�3 '� VOL. 4522. P6. l336 � � �� D.R.O.C.T. a . N�``.�N ��NZ �;. i V SEE SHEET 2 BAST5 OF 6EARING I5 NORTH AMERTCAN DATUM OF 19B3 (NAD-83) STATE PLANE Ca0R0INATE SYSTEM, TEXAS N�RTH CENTRAL. PARCEL 34-USE--2 BE�NG A 10,621 SQ.FT./0.24 ACRE UTILITY & SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON SUR�TEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS � Graham Assaciates,lnc. . CONSULTING ENGINE�RS �C PLANNERS E00 SiX FLAOS DRIVE. SVI1E 800 ARI�NOTON, 'IEXAS 76011 (E17. E�10-8536 TBPE FlRAIt F-1191/78PLS �I 101638--OD n •GRAPHIC SCALE !'-f00' 0 50 100 150 DATE: DECEMBER 2011 �..,__i_., ioo._ncr_e PAGE 2 OF 4 �� TH� CHAMBERLAIN TRUST VOL. 4522, PG. 1336 O.R.D.C.7. EXHIBIT "A" - to Ordinance (Property Interests) sEE ssEE� i � � � o � �� a p- 2'34'14"—' q�2547.50' T=57.15' L=l14.29' N01'17'07"W Lc=114.28' W 0 0 0 � / N45'00'00"W� 21.2d' ROSELAIiN DRNE (VARIABLH WIDTH R,O.W.) � ( JACH ARLYN PARKES i VOL. 4073 PG. 1207 D,R.d.C.T. I � � THE CHAMBERLAIN TRUST VOL. 4522, PG. 1336 O.R.D.C.7. � e= z •3a � sa° `�R=2562,50' T=57.49' L=114.96' �`� S01'17'07"E \� Lo=114.95' \, `I �.•lo �Jo .., �" J-° �° .° . �� N IaNGHORN CDUNCIL 90Y SCOUT FOUNDATTON, INC. VOL.A60, PG, fi26 O.R.O.C.T. BASIS OF BEARING IS NORTH AMERICAN DA7UM OF 1983 (NAD-83� STATE PLANE COOROINATE SYSTEM, TEXA5 NORTH CENTRAL. PARCEL 34-USE--2 BEING A 10,621 SQ.FT./0.24 ACRE UTILITY & SLOPE EASEMENT SITUATED IN THE JAMES EDMONSON ABSTRACT N�. 404, DENTON COUNTY, TEXAS � Graham Associdtes,lnc. CONSULTING ENGINEERS dc PLANNERS eoo e�x Fu.os DRIVE, SUIIE 300 ARIJN(iTON, '�x�s �em� �s» a4o-esaa TBPE FlRM: F-1191/TBPL9 RMt 1016�8-00 SURVEY, n GRAPHIC SCALE S'�500' 0 50 100 150 �ATE: DECEMBEp 2011 ui��.,��i�.,-, ...,� � PAGE 3 OF 4 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-USE-2 LEGAL DESCRIPTION SLOPE EASEMENT Being a 0.24 acre tract of land situated in the Jarnes Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.24 acre �ract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 5/8 inch iron rod, being the southeast corner of a tract of land conveyed by deed to Alfred and Becky Camp, as recorded iz� Instrument No. 2010-62292, Deed Records, Denton County, Texas, and the southwest corner of a tract of land conveyed by deed to Harlan Properties, Inc., as recorded in Volume 4704, Page 1297, Deed Records, Denton County, Texas, also being in the north line of said Chamberlain Trust tract; THENCE South 89°55'12" East, along said north line of Chamberlain Trust tract and the south line of said Harlan tract, for a distance of 114.64 feet to a point for corner, being the POINT, O� BEGINNING, and being in the proposed east right-of-way line of Bonnie Brae Street (a 95 foot R.O.W.); THENCE South 89°55'12" East, leaving said proposed east right-of-way line and continuing along said north line, £oz' a distance of 15.00 feet ta a poin.t for corner; THENCE South 00°00'00" West, leaving said north line, for a distance of 6.49 feet to a point for corner, being the beginning oi a tangent cwve to the left having a radius oi 2437,50 feet, a central angle of 2°34'14" and a long chord which bears South O1°17'07" East, 109.35 feet; THENCE southeasterly, along said curve to the left, an arc distance of 109.35 feet to a point for corner; � � THENCE South 02°34'14" East, for a distance of 333.77 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 2562.50 feet, a central angle of 2°34'14" and a long chord which bears South Ol°17'07" East, 114.95 feet; THENCE southeasterly, along said curve to the right, an arc distance of 114.96 feet to a point for corner; THENCE South 00°00'00" West, for a distance of 151.00 feet to a point for corner, being in a corner-clip with said proposed east right-of-way line of Bonnie Brae Street and the proposed north right-of-way line of Roselavan Drive (a vaxiable width R.O.W.); THENCE North 45°00'00" West, along said corner-clip, for a distance of 21.21 feet to a point for corner, being in said proposed east right-of-way line of Bonnie Brae Strest; EXHIBIT "A" - to Ordinance (Property Interests) PAGE 4 OF 4 THENCE North 00°00'00" East, along said proposed east right-of-way line, for a distance of 136.00 feet to a point for corner, being the begiru�ing of a tangent curve to the left having a xadius of 2547.50 feet, a central angle of 2°34'14" and a long chord which bears North O1°17'07" West, 114.28 feet; THENCE northwesterly, alorig said proposed east right-of-way Iine and said aurve to the left, an arc distance of 114.29 feet to a point for corner; THENCE North 02°34'14" West, continuing along said proposed east right-qf-way line, for a distan.ce of 333.77 feet to a point for corner, being the beginning of a tamgent curve to the right having a radius of 2452.50 feet, a central angle of 2°34'14" and a long chord which bears North O1 ° 17'07" West, 110.02 �eet; THENCE northwesterly, along said proposed east rigY�t-of-way line and said curve to the right, an arc distance of 110.03 feet to a point for corner; THENCE North 00°00'00" East, for a distance of 6.51 feet to the POINT OF BEGINNING and CONTAINING 10,621 squa�re feet or 0.24 acres of land, more or less. v 5 ► > - ---. — � 6 PAGE ! OF 2 r 1 ! ! -----------____�l I rr JACK PARKES ANO WIFE 9ETTY PARI(ES VOL. 6022, P0. 3438 O.R.D.C.T. EXISTING R.O.W. PoiNr oF � COMMENCTNC FNO 1/2"IR/4581 r 1 1 � � r � � �� H � ow A7 m �7 N 2 � EXISTING H2O.W, N00'00'00"E 8.49' SAVE 6 EXCEP7 TRACT S JACK ARLYN PARKE3 VQL. 4073, PG. 1207 D.R.U.C.T. � EXHIBIT "A" - to Ordinance (Property Interests) �� THE CHAMBERLAIN TRUST VOL. 4522, PG. 1336 D.R.O.C.T. PROPOSEO R.O.W N9a ��a � a� �� E 25.00' N00 '00 ' 00"E 17.00' POINT OF ^ ^^BEGINNING�� ROSELAWN DRIVE (VARIABLE WIDTH R.O.W.) N80 '00 ' 00"W 25.00' JACK ARLYN PARK�S VOL, 4073, PG. i207 O.R.O,C.7. � � � � 3 O � � �� m �V °w C a 3 o- 00 - O o• o I� . �., 6ASIS OF BEARING I9 NORTH AMERICAN DATUM DF 1983 (NAD-B3) STATE PLANE COORDINATE SYSTEM, TEXAS NOR7H CEN7RAL. PARCEL 34—DE—i BEING A � 425 SQ.FT./0.01 ACRE DRATNAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS ^ Graham Assaciates,inc. ��; CONSULTING ENGINEERS tc PLANNERS `� �! eoo s�x Fucs oRw�, sui� aoo ,�uNaro�, �x�s �ao�t �an) e�o-ea3s TBPE FlRAIt F-11B1/TBPLS RM: 101638-00 � aRAPHIC 9CALE i"-500' � D 50 100 150 DATE: DECEMBER 2011 �/uenconirna-un-a Page 2 of 2 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-DE-1 LEGAL DESCRiPTION DR.AINAGE EASEMENT Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract No. 400, Denton County, Texas, being a portion of The Chambexlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.01 acre txact of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod with 4561 cap, being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the north line of a Save & Exaept Tract 1, conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Denton County, Texas, also being in the exisring west right- of-way line of Bonnie Brae Street (having a variable width R.O.W.); . THENCE North 77°59'07" East, leaving said existing west right-of-way line, for a distance of 189.79 feet to a point for corner, said point being in the proposed north right- of-way line of Roselawn Drive (a variable width R.O.W.); THENCE North 00°00'00" East, along said proposed north right-of-way line, a distance of 8.49 feet to a point for corner; THENCE North 90°00'00" East, continuing along said proposed north right-of-way line, for a distance of 307.4$ feet to a point for corner, being the POINT OF BEGINNING; THENCE North 00°00'00" East, leaving said proposed north right-of-way line, a distance of 17.00 feet to a point for corner; THENCE North 90°00'00" East, a distance of 25.00 feet to a point for corner; THENCE South 00°00'd0" West, a distance of 17.00 feet to a point for corner; THENCE North 9�°00'00" West, a distance of 25.00 feet to the POINT OF BEGINNING and CONTAINING 425 square feet, 0.01 acres of land, more or less. x PAGE 1 OF 3 � � . � ------------ /�I 1� � JACK PARKES ANO WIFE BETTY PARKE3 VOL. 5022, PG. 9499 O.R.O.C.T. EXISTINO R,D,W. POINT OF � COMMENCINC FND i/2"IH/4661 � / � � � 3 O �� ti d 3 �m ul H � / 1 EXHIBIT "A" - to Ordinance (Property Interests) �� . � A� � �� y� EXISTINO R.O.W. SAVE 9 EXCEP7 7RACT i JACK AHLYN PA(iKEB VOL. 4073, PG. 1207 �.R.O.C,T. THE CMAMBERLAIN TRUST VOL. 4522, PG. 1386 �.R.Q.C.T. PROPOSED R.O. �� i � RO$ELA.IiN DRTVE (VARIABLE WIDTH A.O.W.) JACK ARLYN PARKES VOL. 4073, PG. f207 D.R�O�C.T. � � � � � 0 O a R7 - A� d a � a CQ F�7 — � -� � BASIS OF BEARING IS NORTH AMERICAN DATUM OF 1983 (NAO-83) STATE PLANE COORDTNATE SYSTEM, TEXAS NORTH CENTRAL, PARCEL 34—DE-2 BEING A . 500 SQ.FT./0.01 ACRE DRAINAGE EASEMENT SITUATED IN THE JAMES EDMONSON SURVEY, ABSTRACT N0. 400, . DENTON COUNTY, TEXA.S G Graham Associates,inc. CONSULTING ENGINEERS �C PLANNERS 600 SIX F1.AOS DRIVE, 6UIlE 500 ARIJNGTON, 7EXA9 76D11 (61 O�W-89'Jd TBPE FlRMi F-1191/TBPL9 Fl: 1016J8-00 n GRAPHIC SCALE i'�100' 0 50 100 150 DATE: DECEMBER 2011 Yifiill� PAGE 2 OF 3 � � � 3 O � ¢ W• � rn � v O O a rl IH N00 •2B' p� _ 19.2 � 589'3�'3: � THE CHAMBERLAIN TRU87 VOL. 4522, PG. 1336 D.R.D.C.7. W O- o O O O IdJO25�Oa�„� N O � ��J��2��'t,W E 512. �o •oo � oo°w �T PozNr oF BEGINNIN� EXHIBIT "A" - to Ordinance (Property Interests) �� a� PqOPOSEO R.D.W. RosE�,�rr nx�v� (VARIABLE WIDTH R.O.W.) LONGHORN COUNCIL BDY SCDUT FOUN�ATION, INC. VOL.450, PG. 626 O.R.D�C.T. BASIS DF BEARING IS NORTH AMERTCAN OATUM OF 1983 (NAD-83) STA7� PLANE COORDINATE SYSTEM, TEXAS NORTH CENTRAL. PARCEL 34—DE-2 BEING A 500 SQ.FT./0.01 ACRE DRAINAGE EASEMENT SITUATED IN THE JAl1�ES EDMONSON SURVEY, ABSTRACT N0. 400, DENTON COUNTY, TEXAS Graham Associates,lnc. Q CONSULTING ENGINEERS dc PIANNERS eoo s�x ruas oMVE, sulrE son ARLJNOTON, 1oUS �eott �an) ao-asaa 7BPE FlRM: F-11B1/iBPL3 RM: 101638-00 � GpAPHIC BCALE 1'-i00' 0 50 100 150 DATE: OECEMBER 2011 �l/ucn wi i/ ror-u�.-c Page 3 of 3 EXHIBIT "A" - to Ordinance (Property Interests) PARCEL 34-DE-2 LEGAL DESCRIPTION DRATNAGE EAS�MENT Being a 0.01 acre tract of land situated in the James Edmonson Survey, Abstract Na. 400, Denton County, Texas, being a portion of The Chamberlain Trust, as recorded in Volume 4522, Page 1336, Deed Records, Denton County, Texas. Said 0.01 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod with 4561 cap, being the southeast corner of a tract of land conveyed to Jack Parkes and wife Betty Parkes, as recorded in Volume 5022, Page 3438, Deed Records, Denton County, Texas, and being in the north line of a Save & Except Tract 1, conveyed to Jack Arlyn Parkes, as recorded in Volume 4073, Page 1207, Deed Records, Dent�n County, Texas, also being in the existing west right- of-way line of Bonnie Brae Street (having a variable width R.O.W.}; THENCE North 77°59'07" East, leaving said existing west right-of-way line, for a distance of 189.79 feet to a point for corner, said point being in the existing north right- of-way line of Roselawn Drive (a variable width R.O.W.); THENCE South 89°31'33" East, along said existing north right-of-way line, a distance of 512.38 feet to a point for corner; THENCE North 00°28'27" East, leaving said existirig north right-of-vvay line, a distance of 19.23 feet to a point for corner; being the POINT OF BEGINNING, said point being in the proposed north right-of-way line of Roselawn Drive (a variable width R.O.W.); THENCE North 00°00'00" East, leaving said proposed north right-of-way line, a distance of 20.00 feet to a point for corner; THENCE North 90°00'00" East, a distance of 25.00 feet to a point for corner; THENCE South 00°00'00" West, a distance of 20.00 feet to a point for corner, said point being in the proposed north right-of-way line of said Roselawn Drive; THENCE North 90°00'00" West, along said proposed north right-of way lina, a distance of 25.00 feet to the POINT OF BEGINNING and CONTAINING 500 square feet, 0,01 acres of Iand, more or less.