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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 �' r� N01W a R Ws "�.•:i U'GBV'6�6��hV(.)n Expp re" � W 2 Etf � F 02. BII n._ .... -W.�.. ....m 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 tnp TnQ JD• LC Z N 01 V7'49* E12 76.'eir . Ild EXHIBIT "N' S.14" LOW tyM111E IVW Ilu Ml ji CIA AmtKr 9"XII 1%. 01 ji. KWU K J L VaL4MFL1773 CAUED 6LU AC. RALLW. LOCA1104 ZQNE 'X SHADED' F1 IN 11021000220 V N .DATE ARM 11. 20TI ;v N 8347N W' E 108-OV ,i/*d W(- I ja 'Q m t - T 40 If Z tu 30, —1 N MT5 To" "I " I.M.111L jrw MY II 11 DRIVI z 134 WD KAVL ja 'Q m t - T CVVM4LK0 -MI" SK WINS aFjNG 6.814 ACRES M eGgameriL Owwg gm a iroft Imn rod Wfb mp xbp�d SMA TED IN THE alharwbc 1,00d. A P(OOA C4 9*e ITT'T'vaty 0= Ohio 741�ww W Is W94' a* 0'I'vvp ch V t- .1k F" 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, 0 F .............. TCCO [L TMNER 4859 SUR Teague nail & perkins PmW&kT"m 7&203 tnp "O-MAT77 ot "&a3s.am, fx w—Apb— 3 EX. "A”, SHEF-T 2 OF 2 JOB NO. SGE1222 40 N MT5 To" "I " I.M.111L MY II vtwa4sr all oil, V�' PC fmp WD KAVL HERCULES STREET LECMIC EASEMENT NO. I CVVM4LK0 -MI" SK WINS aFjNG 6.814 ACRES M eGgameriL Owwg gm a iroft Imn rod Wfb mp xbp�d SMA TED IN THE alharwbc 1,00d. A P(OOA C4 9*e ITT'T'vaty 0= Ohio 741�ww W Is W94' a* 0'I'vvp ch V t- .1k F" 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, 0 F .............. TCCO [L TMNER 4859 SUR Teague nail & perkins PmW&kT"m 7&203 tnp "O-MAT77 ot "&a3s.am, fx w—Apb— 3 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 ; S mENT N0. 2 PLau +x. L r SPr � rrr LOOP E 8J'4ar55" W 402A0' ." rM � —OEM) "hcur. 1/2 CIRF rMEIROPLEX` (CJ0 I I AMERICAN NATIPRA. BANK DOC_ -N0. +J9- 411FJ0 R.P.RZ.C. T. I u , RAYZOR GNVES.TMENTS, LID, ��• DOC. NO, 02- 163545 R.F.R.D.C.T. 2 1/2 CNF - VCTR{PL9 )c' @EARS. 1.ig 1�C � 5/8 IRF de I 9 u u T016NE NORTH. p c] z I m _ SIXTH S:QTL d LU I t4 CAB. A. PG. 135 P.R.D.C.T. UNI" BEARING Dl alb "C"lw : q i 12 Ll N 3 T 4 .. 11 _ N DG Ei D7. L_ 1M 105.81._ N _ 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 np1417 C ntm ft" D&vh $-4- 3X 9404i4J"177 9h 'MO.4G SDM Fc www—fl...a.. FX. V, SPEET 2 OF :2 JOB NO. SGE12223