2013-253WHEREAS, after due consideration of the public interest and necessity and the public
use and benefit to accrue to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized (a) to execute for
and on behalf of the City (i) the Easement Purchase Agreement, by and between the City and
Owner, in the form attached hereto and made a part hereof as Exhibit "A" with a combined
purchase price of SIX HUNDRED SEVENTY THOUSAND AND NO/100 DOLLARS
($670,000.00), plus certain costs, as prescribed in the Easement Purchase Agreement; and (ii)
any other documents necessary for closing the transaction contemplated by the Easement
Purchase Agreement; and (b) to make expenditures in accordance with the terms of the Easement
Purchase Agreement.
SECTION 2. 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 holdings 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 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the A day of , 2013,.
�p
MAIZK A, 13i I :)UGI"MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
F)
Exhibit "A" to Ordinance
Easement Purchase Agreement
NOTICE
YOU, AS OWNER OF THE EASEMENT LANDS (AS DEFINED BELOW), HAVE THE
RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY
OF DENTON'S ACQUISITION OF THE EASEMENT WITH OTHERS; OR (2) KEEP
THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR
AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE.
THIS
EASEMENT PURCHASE
AGREEMENT ( "Agreement ")
is dated
2013, between MELVIN R.
HAISLER,
MARY ANN McCUTCHEON, and J.B. HAISLER, JR. individually, and as Trustee of THE J.B.
HAISLER, JR. TRUST (the "Owner "), and the City of Denton, Texas ("City").
WITNESSETH:
WHEREAS, MELVIN R. HAISLER, MARY ANN McCUTCHEON, AND J.B. HAISLER,
JR.,individually, and as Trustee of THE J.B. HAISLER, JR. TRUST are the Owners of two tracts
of land (herein referred to collectively as the "Land ") in the T. Toby. Survey, Abstract Number
1288, Denton County, Texas being affected by the public improvement Project called the
Spencer Transmission Line Project ( "Project "); and
WHEREAS, City is in need of certain easements in, along, over, upon, under and across the
Land described above related to the Project; and
WHEREAS, it is desirous of both parties to stipulate and agree to the terms and conditions
associated with the purchase of the necessary easements for the Project;
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, the parties agree as follows:
1
1. At Closing, the Owner shall grant, execute, and deliver to the City easements in, along, over,
upon, under and across the tracts of Land being described in the attached Exhibits "A" and "B ",
respectively (the "Easement Lands ") to that certain Electric Utility Easement attached hereto as
Attachment 1 and made part hereof, for electric utility purposes, as more particularly described
therein (the "Easement "); The Easement shall be in the form as attached hereto and incorporated
herein as "Attachment 1 ",
2. As consideration for the granting of the Easement, the City shall pay to Owner at Closing the
sum of Six Hundred Seventy Thousand and no /100 Dollars ($670,000.00) as compensation for
the Easement. The monetary compensation prescribed in this Section 2 is herein referred to as
the "Total Monetary Compensation ". The Owners shall allocate the sales proceeds as agreed
separately by and between them.
3. 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
monetary damage to or diminution in the value of the remainder of Owner's property caused by,
incident to, or related to the Project, damage to and /or costs of repair, replacement and/or
relocation of any improvements, turf, landscape, vegetation, or any other structure or facility of
any kind located within the Easement Lands related to activities conducted pursuant to the
Easement, interference with Owner's activities on the Easement Lands or other property interests
of Owner caused by or related to the Project and /or activities related to the Easement, whether
accruing now or hereafter, and Owner hereby releases for themselves, their heirs, devisees,
successors and assigns, 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.
2
4. The Closing (herein so called) shall occur in and through the office of Title Resources, 525
South Loop 288, Suite #125, Denton, Texas 76205 ( "Title Company "), with said Title Company
acting as escrow agent, on the date which is 60 days after the Effective Date, unless the Owner
and the City mutually agree, in writing, to an earlier or later date ( "Closing Date "). The Owner
shall convey the Easement free and clear of all debts, liens and encumbrances. The Owner shall
assist and support satisfaction of all closing requirements in relation to solicitation of release or
subordination of liens and encumbrances and other curative efforts affecting the Easement, if
necessary in the discretion of the City.
5. The stipulated Total Monetary Compensation amount shall be paid by the City at Closing to
the Owner through the Title Company. All other typical customary and standard closing costs
associated with this transaction shall be paid specifically by the City, except for Owner's
attorney's fees, if any, which shall be paid by Owner.
6. The date on which this Agreement is executed by the City shall be the "Effective Date" of
this Agreement. However, this Agreement shall be null and void if not fully executed by the
Owner and the City on or before October 16, 2013.
7. 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 such 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 or termination of
this Agreement.
8. 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 their sole and exclusive remedy, either (i) terminate this Agreement prior
3
to Closing by written notice of such election to City; or (ii) enforce specific performance of this
Agreement.
9. THE LAWS OF THE STATE OF TEXAS SHALL CONTROL AND APPLY TO THIS
AGREEMENT FOR ALL PURPOSES. THIS AGREEMENT IS PERFORMABLE IN
DENTON COUNTY, TEXAS. VENUE FOR ANY ACTION ARISING HEREUNDER
SHALL LIE SOLELY IN THE COURTS OF COMPETENT JURISDICTION OF DENTON
COUNTY, TEXAS.
10. From and after the date of execution of this Agreement by Owner to the date of Closing,
Owner shall not (i) convey or lease any interest in the Easement Lands; or (ii) enter into any
Agreement that will be binding upon the Easement Lands or upon the Owner with respect to the
Easement Lands after the date of Closing.
11. Any notices prescribed or allowed hereunder to Owner and /or City shall be in writing and,
except as otherwise provided herein, shall be delivered by telephonic facsimile, hand delivery or
by United States Mail, as described herein, and shall be deemed delivered 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:
City of Denton
Paul Williamson
Real Estate and Capital Support
901 -A Texas Street
Denton, Texas 76209
Telecopy: (940) 349 -8951
4
Copies to:
For Owner:
For City:
..
4 Scott W. Hickey, Attorney at Law
Kelsey, Kelsey &Hickey, PLLC
P.O. Box 918
_ Denton, Texas 76202
A Q '� . 1 Telecopy: (940) 387 -9553
12. This Agreement constitutes the sole and only Agreement of the parties and supersedes any
prior understandings or written or oral Agreements between the parties with respect to the
subject matter of this Agreement.
13. The representations, warranties, agreements and covenants contained herein shall survive
the Closing and shall not merge with the Easement.
14. Authority to take any actions that are to be, or may be, taken by Buyer under this
Agreement, including without limitation, adjustment of the Closing Date, are hereby delegated
by Buyer, pursuant to action by the City Council of Denton, Texas, to Phil Williams, General
Manager, Electric Administration of Buyer, or his designee.
15. In the event prior to the Closing Date, condemnation or eminent domain proceedings
are threatened or initiated by any entity other than the City that might result in the taking of any
portion of the Easement Lands, City may, at its election, terminate this Agreement at any time
prior to Closing.
16. If the Closing Date or day of performance of any act required or permitted hereunder
falls on a Saturday, Sunday or legal holiday, then the Closing Date or day of performance, as
the case may be, shall be the next following regular business day.
17. When the context requires, singular nouns and pronouns include the plural.
5
CITY OF DENTON, TEXAS
By, ,
GEORGE C. CAMPBELL,
CITY MANAGER
Date: ' ° , I��, 2013
ATTEST:
J.B. HAISLER, JR. TRUST, a Texas trust
By: .. Trustee
J,p 11r 1S1 ER,, JR., iridivid ally, and as TRUSTEE
Date:
�.
MARY NN' McCUTCHEON
Date: 2013
RECEIPT OF AGREEMENT BY TITLE COMPANY
By its execution below, Title Company acknowledges receipt of one (1) executed copy of
this Agreement. Title Company agrees to comply with, and be bound by, the terms and
provisions of this Agreement to perform its duties pursuant to the provisions of this Agreement
and comply with Section 6045(e) of the Internal Revenue Code of 1986, as amended from time
to time, and as further set forth in any regulations or forms promulgated thereunder.
TITLE COMPANY:
Title Resources
Attn: Virginia Kubiak
525 South Loop 288, Suite 125
Denton, Texas 76205
Telephone: (940) 381 -1006
Telecopy: (940) 898 -0121
ME
Printed Name:
Title.
Contract receipt date: , 2013
ATTACHMENT I
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.
ELECTRIC UTILITY EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
THAT, MELVIN R. HAISLER, MARY ANN McCUTCHEON, AND J.B. HAISLER, JR.,
individually, and as Trustee of THE J.B. HAISLER, JR. TRUST (the "GRANTOR "), for and in
consideration of Ten Dollars ($10.00), and other good and valuable consideration, to GRANTOR in
hand paid by the CITY OF DENTON, a Texas home rule municipal corporation, which is located in
Denton County, Texas, and whose mailing address is 215 E. McKinney, Denton, Texas 76201
( "GRANTEE ") has granted, sold, and conveyed and by these presents does grant, sell and convey unto
the GRANTEE perpetual, exclusive and unobstructed easements and rights of way (collectively, the
"EASEMENT ") for the purposes of erecting, operating, maintaining and servicing thereon one or
more underground and /or above ground electric transmission and electric distribution power and /or
communication lines, each consisting of a variable number of wires and cables, along with all
necessary, convenient or desirable appurtenances, attachments and supporting structures, including
without limitation, foundations, guy wires and guy anchorages, and structural components (collectively
referred to herein as the "FACILITIES "), in, on, over, under and across two tracts of real property
situated in Denton County, Texas, being approximately 6.814 and 0. 173 acres and being more
particularly described in Exhibits "A" and `B ", respectively, attached hereto and incorporated into this
document by reference (the "EASEMENT PROPERTY ").
GRANTEE shall have the right of ingress, egress and regress in, on, over, under and across the
EASEMENT PROPERTY for the purposes of and right to construct, maintain, operate, improve,
reconstruct, increase or reduce the size and capacity, repair, relocate, inspect, patrol, maintain, remove
or replace such FACILITIES within the EASEMENT PROPERTY as GRANTEE may from time to
time find necessary, convenient or desirable, along with all rights necessary or convenient for full use
and enjoyment of the above grant, including access over, across and upon the EASEMENT
PROPERTY. GRANTEE shall have the right to trim or remove trees or shrubbery within said
EASEMENT PROPERTY, to the extent, in the sole judgment of GRANTEE, necessary or desirable to
prevent possible interference with the efficiency, safety and/or convenient operation of the
FACILITIES or to remove possible efficiency, safety or operational hazards thereto. GRANTOR shall
not make changes in grade, elevation or contour of the EASEMENT PROPERTY or impound water
within, over and /or across the EASEMENT PROPERTY without prior written consent of GRANTEE.
GRANTOR, for themselves, their heirs, devisees, successors and assigns, subject to the terms
herein, expressly reserves the right to occupy and use the EASEMENT PROPERTY for all other
purposes that will not interfere with the GRANTEE'S full enjoyment of the EASEMENT and/or the
exercise of GRANTEE's rights hereunder.
GRANTOR acknowledges the EASEMENT granted herein is exclusive, so as to exclude all
other utility providers or any other party's use of the EASEMENT PROPERTY; provided, however,
the EASEMENT is nonexclusive as to GRANTOR'S right to use the EASEMENT PROPERTY in
accordance with the terms hereof. Upon written consent of GRANTEE, such consent to be exercised
at the sole discretion of GRANTEE, other utility providers may be permitted by GRANTEE under
separate grant from GRANTOR to construct, operate, maintain, repair, replace and remove their
respective utilities in, on, over, under, and across the EASEMENT PROPERTY perpendicularly or as
otherwise may be permitted by GRANTEE in writing. Nothing herein shall be construed to require
GRANTEE to allow such use or grant, and such use or grant shall be at the sole and absolute discretion
2
of GRANTEE, however GRANTEE's permission shall not be unreasonably withheld.
GRANTEE, at GRANTEE'S sole cost and expense, shall have the right to trim or remove trees
as provided herein, together with the right to install gates in existing fences within such EASEMENT
PROPERTY.
GRANTOR represents and warrants to GRANTEE that as of the execution date hereof, no
buildings, structures, signs, obstructions or other facilities or improvements of any kind
( "UNPERMITTED STRUCTURES ") exist on the EASEMENT PROPERTY. GRANTOR shall not
construct, and GRANTEE shall have the right to prevent the construction of, UNPERMITTED
STRUCTURES on the EASEMENT PROPERTY and if any UNPERMITTED STRUCTURES are
hereafter constructed or permitted by GRANTOR to exist within the EASEMENT PROPERTY
without prior written consent of GRANTEE, then GRANTEE shall have the right to remove the same
and GRANTOR agrees to pay to GRANTEE the reasonable actual costs of such removal.
Grantor shall have the right, subject to the restrictions contained herein, to make use of
the Property for any purpose that is not inconsistent with the City's rights granted to Grantee
herein for the purposes granted. Notwithstanding anything to the contrary herein, (a) the
Property may be paved, inclusive of sidewalks, drive aisles, and parking areas; (b) thesurface of
the Property may be used for landscaping (limited to grass & turf); however no trees are to be
planted thereon.
Furthermore, the GRANTOR reserves the right to mutually use the EASEMENT PROPERTY
for the accommodation of detention and conveyance of storm water run -off upon development of
GRANTOR's property providing that any improvements for such are in compliance with all applicable
City ordinances and regulations, and all other required governmental approvals have been duly
obtained.
The EASEMENT shall constitute a covenant running with the land and shall bind and inure to
3
the benefit of GRANTOR and GRANTEE, and their heirs, devisees, successors, and assigns.
TO HAVE AND TO HOLD the above EASEMENT unto GRANTEE, its successors and
assigns, forever, and GRANTOR hereby warrants and forever agrees to defend the above described
EASEMENT unto Grantee, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part hereof, by, through, or under GRANTOR, and not otherwise.
When herein the context requires, singular nouns and pronouns include the plural.
WITNESS THE EXECUTION HEREOF on the _ _.wwwITmmmmm m day of-�Fi
2013
GRANTOR:
6
. e -0 "1 �
MELVIN R. HAISLER
Date: 1 �-` .2013
MAR NN McC �_. TCHEO
EON
Date: 9/ 3 , 2013
J.B. HAISLER, JR. TRUST,
a Texas trust
By y, and _ . , Trustee
J.B. lA l.,R JR., it�d�v�al 1
c.
�w as Trustee
Date: 2013
..
4
THE STATE OF T.2�c alas §
COUNTY OF DI §
This instrument was acknowledged before
201 ` N.
KATHERI7WARLAND
Notary PuM Oommiss
THE STATE OF §
COUNTY OF Qf'k jV, J §
This instrument was acknowledged before
2013, by MARY ANN McCUTCHEON.
AATI ' IYN TAM TON .mm
V�d(Awy b'�ubh ' t�wtr 0u t�� w is
r :� .
my L::omrnu, ,rr, )ru (wpures
y pW 02, 2017
THE STATE OF � §
COUNTY OF QC sA('d t §
me on the—b— day of-5"rnbe,,
Notary Ptt 1lic, "state of Texas 3 IN
My commission expires:..
'r cl
me on the
day of�('m,
No ry, Public, State , .� ._
e of Texas
My commission expires: - � -,1/1 __
This instrument was acknowledged before me on this 3 rc\ _. day of Cr , 2013,
by J.B. HAISLER, JR., individually, and as Trustee of THE J.B. HAISLER, JR. TRUST, a Texas trust,
on behalf of the said trust and in the capacity therein stated.
AFTER RECORDING RETURN TO:
City of Denton – Engineering Department
Real Estate and Capital Support
901 -A Texas Street, 2nd Floor
Denton, Texas 76209
Attn: Paul Williamson
5
'y P fic, Sf etc of Texas
My commission expires:. ...��
O(ATELY AR1,I N ON
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AFTER RECORDING RETURN TO:
City of Denton – Engineering Department
Real Estate and Capital Support
901 -A Texas Street, 2nd Floor
Denton, Texas 76209
Attn: Paul Williamson
5
'y P fic, Sf etc of Texas
My commission expires:. ...��
EXHIBIT "A"
LEGAL DESCRIPTION
ELECTRIC EASEMENT NO. h
BEING a 6.814 acre tract of land situated in the Thomas Toby Survey, Abstract Na. 7268; Denton County, Texas, and
being part of a called. 53.93 acre tract of land described in a Deed to J:B..HaIsIer, Jr., as recorded In Volume 4238, Page
1773 of the Real Property Records of Denton County. Teas,. and said 6.814 acres acre tract of land being more
particularly described as fa1lowsl
COMMENCING at a 112 Inch Iron red with cap stamped "'I etroplex" found lor corner in the East line of Locust Street
((germ to Market Road 216A) (90" wide right-of-way), said point being the Southwest, comer of the above cited 53.133 acre
tract, said p'toin't also beintd ttve Northwest comer of a called 13.042 acre tract of land described In a Deed to Asbury
United Methodist Church, as recorded in Document No, 97- RO011296 of the (leap Property Records of Denton County,
Texas;
THENCE North 01 °0749" East along the East pine of said Locust Street, fora distareoe of 17.80 feet to a 518 inch iron rod
with cap stamped'TNP' set. for corner, said plaint also being the POINT OF BEGINNING for the herein described tract:
THENCE North Of °07'49" East along file f=ast line'ol'said Locust Street, tr"a distance of 76.27 feet to a 518 inch iron rod
vrith cap stamped 'FNP" set corner,
THENCE departing the East line of said Locust Street, and over and across said 53.93 ade tract the following four
courses and distances;
South 78 °24'03" East, a distance of 503.94 feet to a 518 inch iron rod with cap stamped "TNP" set for comer;
South 53 °52'05" East, a. distance of 548.12 feet to a 518 inch iron rod with cap stamped "TNP" set for corner;
South 813 °21'58" East, a distance of $61.03 feet to a 518 inch iron rod with cap stamped "TNP" set for corner;
North 00°38'02" East, a distances of 1,735.55 feet to a 518 Inch iron rod with cap stamped "TNP" set for corner in
the South line of S.H. Loop 288 (variable width right-of-way) and the North line of said 53.93 acre tract;
THENCE North 63'35`35" East along the South Ifne of said Loop 288, for a.distance of 10510 feet to a 518 inch iron rod
found at the occup'tled Northeast carrier of said 53,133 acre tract, said point also being the occupied Northwest corner of
Lot 16. block G, per the Final Mat of Towne North Addition® Sixth Section, as recorded In Cabinet A, Page 138 of the Plat
Records of Denton County, Texas-,
THENCE Scull, o0 "38'(Y2 "' West along the common tune between said 53.93 acre tract and the West line of said Towne
(North Addition, passing at a distance of 302.60 feet, to "If2 iron rand found at the Southwest canner of Lot 12, Block G of
said Towne Nor0i Addition, Sixth Section. also 'being the Northwest corner of Lot 11 d Flock G per the Final Plat of Towne
North Addition, f=ifth S(-GtI0rl, as rscurded In Cabinet: A, Page 127 of sod 'Plat Rewrds„ and continuing along raid
common line for a total distance of 11,82;162 feet to a 5131rK;h iron rod with cup stare Ped "TNP' set for corner;
THENCE North 8902i'5W West depardny the l=ast line of said 53,93 acre tract, and over and across said 53:83 acre
tract, for a distance of 490.03 feet to a 5/8, inch iron rod with cap stamped "TNP" set for comer;
THENCE in a Northwesterly direction, and being 17.50 feet North of and parallel to the commas line between said 53.53
aero tract and said 13.042 aere tract, the following two courses and dis# acres;
North 53052`05" West, a distance of 555,82 feet to a 518 inch iron rod with -cap stamped TNP' set for corner,
North 78`24'03" West, a distance of 47314 fleet to the POINT OF 'BEGINNING, and con,tainirtg 8.814 awes of
land, more or less,
Todd D. urrroei
Registered Professional Land Surveyor No, 4859
Date
Page 1 of 2
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of 1M. 7m1 O"w Wm I —
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EX. "A”, SHEF-T 2 OF 2 JOB NO. SGE1222
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alharwbc 1,00d.
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kwj+ ranoo ROD Kip No, 46121 =M, ?AV R#Jisiu" oa�� Apm to, .1.1111 „. T. TOBY SU RVEY- ABSTRACT NO. 1288
V X haj OT 0eym h emo;km 06d NO(th d OWTOXR5 4 r o r 14yutfim GJTY OF DENTON, DE NTON COUNTY, TEXAS
of 1M. 7m1 O"w Wm I —
Todd B. Turner, RRLS,
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..............
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EX. "A”, SHEF-T 2 OF 2 JOB NO. SGE1222
EXHIBIT "B"
LEGAL DESCRIP1110N
ELECTRIC EASEMENT NO. 2
BEING a 0,173 acre tract of land situated in the Thornas Toby SuNey, Abstract No, 1288, city of Denton, Denton
County, Texas, and being part of a called 98.8 acre tract of land described in a Dead to J.B. Hals.11ar, at ux, as
recorded in Volume 316, Page 69 of the Deed Records of Denton County; Texas, and said 0.173 acre trad being
more pafticul-arly described as follows;
BEGINNING cot a point fir corner at the intersection of the East line of the above cited Haisler tract with the North line
of Stale High%vay Loop 288 (variable width rigilt-of-way as dosclibed in Volume 1169. Page 730V the Deed Records
olDenton County', Texas), said polat at being the 9oL&we%t corner of tract of land desoibed in a Deed to Rayzor
investments, Ltd., as recorded in Docmment Nurn,b-er 02-163540 of the Real Property Records of Denton County,
Texas, from which a 11"2 inch iron rod with cap stamped ,Iwjutropfex 1849" found for reference beefs North 1. 13 feet-,
THENCE North 89'27'47" West along the Nardi line of said, State Highway Loop 288, for a distance of 48.53 feet to a
3 inch concrete TxD01, Monument with brass cop found for comer-,
THENCE North 83'40°55" West cor%nuing along. the Nortli line of said State Highway Loop 2139,, f4 a distance of
57.60 feet: to a 518 1 inch iron rod %ft cep. starriped "TMF set for corner, from which a 3 inch concrete, TxDOT
Monurnent with brass cap found at an angle point beers NoTtli 63'4(Y557 West, a distance of 344.45 feet;
THENCE departing the NcwM line of said State Highway Loop 288, and over brid across said 98.8 acre tract as
follows:
North 00e-38'02- Ea,-A, for a distance of 67,01 f"t W a 618 inch iron rod witty cap stamped 'TNP" set for
comer,
Sotith 8,9'33'42" Past, for a distance of 105.61 feet to a 514 Inoli Von rod with cap stamped 'TNP" set for
comer in the East fine of the mid Haider tract., said point being In Me West line of a tract of kind described In
a Dead to Asrieficzn National Bank, as recorded in Document Number 09-41180 of the Real Property
Record$ of Denton County, Texas, from whtcb a V7 inch iron rod with cap stamped "Goodvrin" fotind for
reference bears North 00126'61' East, a distance of 2905.5B fieet-,
THENCE $Mh 0()02661", hest along the East fine of v�ald Heisler and the West line of said American National Bank
tract, passing, a 5/8 inch iron rod found at the 0=100d Southwest corner of said American Natlanat Bank 'tract and
the Northwost corner of said Rayzor Investments tract at a distance of 41.85 fleet, 09W continuing along lire East kile
of said J•TaPsler tract and the West 11T)a of said Rayzor investments tract, for a total distance of 72.99 feet to the POINT
OF BEGINNING. vd rxrritairmlrag 0,173 acms of land, Move Or less,
TTC-�d B. Turner
Registered Professlonal Land Surveyor No. 4859
*1 t tip /13
Date
Page 1 of 2
EXHIBIT 11B°
J.B. HAIREF6 ET ux
CALLED WS AC.
VOL 3161 PG. 66
p.R.D.C.T.
ELECTRIC
.TI IC
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AMERICAN NATIPRA. BANK
DOC_ -N0. +J9- 411FJ0
R.P.RZ.C. T.
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RAYZOR GNVES.TMENTS, LID,
��• DOC. NO, 02- 163545
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P.R.D.C.T.
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Todd 8. Turner, R.P.'L.S.
— -1/1
Date:
OF,
TdP� 8 TW,11ER
4859 "M .
ELECTRIC EASEMENT Nth'. 2
BEING 0.178 ACRES
SITUATED IN THE
Y. T4BY sURVEY, ABSTRACT NO, 1286
CITY OF DENTON, DENTON COUNTY, TEXAS
Teague cull & perkins
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