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2013-348s:\Iegal\our documents\ordinances\13\terrano realty ordinance.doc 0 9 WHEREAS, the City Council finds the abandonment of certain easements, in exchange for (i) the granting of an electric utility transmission and communication casement; and (ii) the payment of monetary consideration, as provided in the Agreement, is in the best interest of the citizens of the City of Denton; NOW, THEREFORE; SECTION 3. This ordinance shall become effective immediately upon its passage and approval, PAa SI ..) AND AI1I1IZ.0VED this the j ��1a�y� ��� ..�..: �� �� ��, �......n__,� 2013. MARX I I)Rf ,)UGI IS'`, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I: API's Ufflo TO LEGAL FORM: a, CITY ATTORNEY M BY:�� .�..�A. Page 2 NOTICE YOU, AS OWNER OF THE PROPERTY (AS DEFINED BELOW), HAVE THE RIGHT TO: (1) DISCUSS ANY OFFER OR AGREEMENT REGARDING THE CITY OF DENTON'S ACQUISITION OF THE PROPERTY WITH OTHERS; OR (2) KEEP THE OFFER OR AGREEMENT CONFIDENTIAL, UNLESS THE OFFER OR AGREEMENT IS SUBJECT TO CHAPTER 552, GOVERNMENT CODE. EASEMENT PURCHASE AND ABANDONMENT AGREEMENT THIS EASEMENT PURCHASE AND ABANDONMENT AGREEMENT (the "Agreement "), by and between Terrano Realty, Inc., a Texas corporation ( "OWNER"), and the City of Denton, Texas ( "CITY "), is dated 1premhor 17 , 2013. WITNESSETH: WHEREAS, OWNER is the owner of certain lands located in the M.E.P. & P.R.R. Co. Survey, Abstract No. 1475 of the Mary Austin Survey, Abstract No. 4, Denton County, Texas ( "Property "), being affected by the expansion and improvement of City of Denton electric transmission and distribution facilities ( "Project "); WHEREAS, CITY is in need of certain easements in, along, over, upon, under and across a portion of the Property related to the Project; and WHEREAS, the CITY is amenable, upon the terms and conditions set forth herein, to abandon (i) that certain easement, dated on or about March 20, 1962, from Alex Dickie, Jr. and wife, Marilyn Dickie to the City of Denton, Texas, recorded in Volume 479, Page 579, Real Property Records, Denton County, Texas; and (ii) that certain easement, dated on or about March 17, 1962, from Alex Dickie, Sr., et al, to the City of Denton, Texas, recorded in Volume 479, Page 582, Real Property Records, Denton County, Texas (collectively, the "Prior Easements "), INSOFAR AND ONLY INSOFAR as the Prior Easements cover and encumber the tract of land described on Exhibit "A ", and depicted on Exhibit `B ", respectively, each attached hereto and made a part hereof for all purposes (the "Abandonment Tract "), in exchange for the granting of an electric utility transmission and communication easement (and as more particularly described below, "Electric Easement "), as more particularly set forth in this Agreement, to the CITY by OWNER; WHEREAS, OWNER and the CITY agree that the Prior Easements, INSOFAR AND ONLY INSOFAR as the Prior Easements cover and encumber the Abandonment Tract and the Electric Easement contemplated to be acquired by the CITY pursuant to the terms hereof, are not of equal value and therefore, consideration, as provided in this Agreement, shall be due to OWNER at Closing; and WHEREAS, it is desirous of both parties to stipulate and agree to the terms, conditions, abandonments, releases and conveyances associated with the conveyance of the Electric Easement and the abandonment of the Prior Easements, INSOFAR AND ONLY INSOFAR as the Prior Easements cover and encumber the Abandonment Tract. NOW, THEREFORE, for Ten and No /Dollars ($10.00), and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. At Closing, the OWNER shall grant, execute and deliver to the CITY, an easement in, on, over, under and across the tract of land being described in Exhibits "A-l", "A -2" and "A-3", respectively, and depicted in Exhibits "B -1 ", "B -2" and "13-3 ", respectively (the "Easement Lands ") each attached to and a part hereof, that certain Electric Utility and Communication Easement, attached hereto as Exhibit "C" and a made part hereof, for electric transmission and distribution and communication purposes, as more particularly described therein (the "Electric Easement "). The Electric Easement shall be in the form as attached hereto and incorporated herein as Exhibit "C ". 2. As consideration for the granting of the Electric Easement, the CITY shall: (a) pay to OWNER the sum of Four Hundred Fifty Four Thousand Two Hundred Forty Three Dollars and 68/100 Cents ($454,243.68) as monetary compensation for the Electric Easement (the "Total Monetary Consideration "); and (b) within the time period provided by Section 4.A., below, execute and deliver the Abandonment and Release (the "Release ") of the Prior Easements, INSOFAR AND ONLY INSOFAR as the Prior Easements cover and encumber the Abandonment Tract, to OWNER, in the form of the Release attached hereto and made a part hereof as Exhibit "D ". 3. OWNER stipulates that the Total Monetary Compensation and the execution and delivery of the Release, constitute and include all compensation due OWNER by CITY related to the Project, including without limitation, any damage to or diminution in the value of the remainder of OWNER'S property caused by, incident to, or related to the Project, any damage to and /or costs of repair, replacement or relocation for or related to improvements, turf, landscape, vegetation or any other structure or facility of any kind on the Easement Lands or other property interests of OWNER related to activities within the scope of the rights granted by the Electric Easement, whether accruing now or hereafter, and OWNER hereby releases for itself, it's successors and assigns, CITY, it's officers, employees, elected officials and agents from and against any and all claims it 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 at 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 "). (a) The OWNER shall execute and deliver the Electric Easement to CITY at Closing, free and clear of all debts, liens and encumbrances ( "Encumbrances "). The OWNER shall assist and support satisfaction of all closing requirements of the CITY in relation to solicitation of releases or subordinations of the Encumbrances and other curative efforts affecting the Easement Lands, if necessary in the discretion of the CITY. In the event that all Encumbrances are not cured to the satisfaction of CITY prior to Closing, such shall not be a default hereunder, although OWNER may otherwise be in default under Section 8, below. However, if the Encumbrances are not cured as provided herein, CITY has the option of either (i) waiving the defects related to the remaining Encumbrances by notice in writing to OWNER on or prior to Closing, upon which the remaining Encumbrances shall become Permitted Exceptions (herein so called), and proceed to close the transaction contemplated by this Agreement; or (ii) terminating this Agreement by notice in writing to OWNER, in which latter event OWNER and CITY shall have no further obligations under this Agreement. (b) The CITY shall pay and deliver the Total Monetary Consideration to 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. 4.A. In the event Closing shall occur, the CITY shall execute and deliver to the OWNER, the Release, upon the completion and acceptance by the CITY of the installation of the electric and communication improvements contemplated by the Project on the Easement Lands. OWNER stipulates and agrees that CITY is in need of the Prior Easements, including INSOFAR as said Prior Easements cover and encumber the Abandonment Tract, until it completes the installation of the electric and communications improvements contemplated by the Project. Prior to the execution and delivery of the Release, CITY shall remove fiom the Abandonment Tract all existing electric and communication infrastructure. 5. The date on which this Agreement is executed by the last to sign of the parties shall be the "Effective Date" of this Agreement. 6.A. In the event OWNER shall default in the performance of any covenant or term provided herein, and such default shall be continuing after ten (10) days written notice of default and 3 opportunity to cure, CITY may exercise any right or remedy available to it by law, contract, equity or otherwise, including without limitation, the remedy of specific performance. B. In the event CITY shall default in the performance of any covenant or term provided herein, and such default shall be continuing aller ten (10) days written Notice of default and opportunity to cure, OWNER may; as its sole and exclusive remedy, either (i) terminate this Agreement prior to Closing by written notice of such election to CITY; or (ii) enforce specific performance of this Agreement 7. 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. 8. From and after the date of execution of this Agreement by OWNER, to and including the time 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 Closing. 9. OWNER represents and warrants to CITY that it has taken all actions necessary to authorize the person executing this Agreement for and behalf of OWNER to bind, in all respects, OWNER to all terms and provisions of this Agreement, that such person possesses the authority to execute this Agreement and bind OWNER hereto, and that this Agreement is binding and enforceable upon OWNER in accordance with the terms hereof. 10. 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. 11. The representations, warranties, agreements and covenants contained herein shall survive the Closing and shall not merge with the Electric Easement. 12. Any notices prescribed or allowed hereunder to OWNER or CITY shall be in writing and shall be delivered by telephonic facsimile, hand delivery or by United States Mail, as described herein, and shall be deemed delivered 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: 4 OWNER: Terrano Realty, Inc., a Texas corporation William W. Nicholson, V.P. Phone Telecopy Copies to: For Owner: Telecopy: CITY: City of Denton Paul Williamson Real Estate and Capital Support 901 -A Texas Street Denton, Texas 76209 Telecopy: (940) 349 -8951 Richard Casner, First Assistant City Attorney City Attorney's Office 215 E. McKinney Denton, Texas 76201 Telecopy: (940) 382 -7923 13. In the event prior to Closing, condemnation or eminent domain proceedings are threatened or initiated by any entity or party other than the City that might result in the taking of any portion of the Easement Lands, CITY may, at its election, terminate this Agreement at any time prior to Closing. 14. Authority to take any actions that are to be, or may be, taken by CITY under this Agreement, including without limitation, adjusting the Closing Date of this Agreement, are hereby delegated by CITY, pursuant to action by the City Council of Denton, Texas, to Phil Williams, General Manager - Electric Administration of City, or his designee. CITY OF DENTON, TEXAS By:.. .:._ GEOI GE C. CAMPBELL, Cw I Y MANAGER Date: aG , / _ , 2013 5 ATTEST: JENNIFER WALTERS, CITY SECRETARY Do." Date APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY Date �, `� ._.. ) 2013 • ALA ' Title• 3 r Date: , 2013 C' 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, TX 76205 Telephone: (940) 381-1006 Telecopy: (940) 898 -0121 Printed Name: Title: Contract receipt date: _ 2013 7 Exhibit "A" to Easement Purchase & Abanddnment Agreement rthur Surveying Co., Inc, 2-Ina esszoxisa � ta7 Srxxw�,yoxs P.O. sox 54 — Lewisville, Texas 75067 Office: (972) 221 -9439 w Fax: (972) 221 -4675 EXHIBIT "All Electric Easements recorded in Volume 479, Pages 579 and 582 1.847 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the M.E.P. & P.R.R. Survey, Abstract Number 1475 and the Mary Austin Survey, Abstract Number 4, City of Denton, Denton County, Texas, and being a part of a tract of land described by deed to Staff Realty recorded under County Clerk's File Number 94 -6845, Official Public Records, Denton County, Texas (O.P.R.D.C.T.)and being all of an Electric Easement recorded in Volume 479, Page 579, Deed Records, Denton County, Texas (D.R.D.C.T.) and a portion of an Electric Easement recorded in Volune 479, Page 582, D.R.D.C.T., and being more particularly described as follows: BEGINNING at a point for the southwest corner of a tract of land described by deed to Gary Dennis Dillard and wife, Jaymi Chris Dillard, recorded in Volume 1188, Page 730, D.R.D.C.T., same point being the southeast comer of a tract of land described by deed to Gerard Roland Vela and Emma Lamar Vela, recorded in Volume 3225, Page 252, D.R.D.C.T., same point being In a notch line of said Staff Realty tract; THENCE South 01 degrees 28 minutes 09 seconds East, over acid across said Staff Realty tract, a distance of 1091.59 feet to a point for the southeast corner of said Electrio 'Easement,(Vol. 479, Pg. 579) and the northeast coiner of said Electric Easement (Vol. 479, Pg. 582); THENCE South 00 degrees 59 minutes 10 seconds West, over and across said Staff Realty tract, a distance of IS 18.44 feet to a point for corner in the north line of Municipal Utility Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded In Cabinet 0, Page 346, Plat Records, Denton County, Texas; THENCE North 89 degrees 19 ininutes 44 seconds West, with the north line of said Municipal Utility Addition, a distance of 10.20 feet to tho northwest coiner of said Mun.i,olpal Utility Addition; THENCE South 04 degrees 41 minutes 23 seconds West, with the west line of said Municipal Utility Addition, a distance of 145.83 feet to a southeast corner of said Staff Really tract and a northeast corner of a tract of land described by deed to NW Realty, recorded under County Clerk's File Number 93- 0065091, Real Property Records, Denton County, Texas; • 1 •f ., THENCE North 89 degrees 22 minutes 31 seconds West, with a north line of said NW Realty Tract, a distance of 10.3$ feet to a point for comer; THENCE North 00 degrees 59 minutes 10 seconds East, over and across said -Staff Realty tract, a distance of 1664.16 feet to the northwest corner of said Electric Easement (Vol. 479, Pg. 582) and the southwest corner of said Electric Easement (Vol. 479, Pg. 579); .. , .. . .1 (continued) Revised- 101 101.69KV Rebuild StaffRealty-exlst. H$Mt. Exhibit "A" to Easement Purchase & Abandonment Agreement rthur Surveying Co., Inc. P.rC). VSSZO.Ua.P ZaUcf Satxxve�axs P.O. Box 54 —Lewisville, Texas 75067 Otlico: (972) 22,1 -9439 Fax: (972) 221 -4675 THENCE North 01 degrees 28 minutes 15 seconds West, over and across said Staff Realty tract, a distance of 1090.71 feet to the northwest corner of said Electric Easement (Vol. 479, Pg. 579), same point being in the south line of said Vela tract and the north line of said Staff Realty tract; THENCE North 89 degrees 27 minutes 42 seconds East, with the north line of said Staff Realty tract and the south Pule of said Vela tract, a distance of 30.00 feet to,the POINT OF AMA NING and containing 1.847 acres of land, more or less. " 6' � ' `. Revised - 101101 -69KV Robuild StaffRealty•exist, Esmt Exhibit "B" to ent Purchase & Abandonment Agreement Corord Roland Veto Jt i3 at Mort Cory Donnls 0111ord , Em"Io tamor V010 lrow�nd a^ld°e Jo d Chris O lord Volume , 225, Pogo 262 � (`a M,) Ni 88, Pg. 730 N8912 14213 rid Nlll "d6'53 Joan Coho en, 1iugtoe of N8977'4 6,7661, r76'tld The Joan 0 ragen l.la^fn Trust 30-00' dt ^d Instrument No, 2005 --- 9429 M, � —.. _ -- 0 8" Iron Plpe 4Fi ,dare l'UWn , 0' Eisof 0 Easement � (C.M. VON aa.4 79, A I g me Juandto M". Ellis l^lerrocoble l.Ivdng 7r4)st q InstY4arr eM No, 2006 57509 •' �� � � c 3ta l5t Boa saa Ilk q/y�. Staff y Crtn ty diark s "n ou Ubd City o(ImAon OTS notwork. No, 9 6114 ! l^lt ,'. - U)" Iron Rod lsmad w,m rrd,I i_ w Proposed °'7d' "EledtYlC° • °��� ��n� ��R�,., , / al t 4.490 Acrestt Staff KOO TT Couoty 4I 45lfe JUJUI IBIT 11B 11 �' Q0 06 Electric Easements Recorded in Volume " 479, Pages 579 & 582 I p 1.847 Acres in t.he. " " .Survey, Abstract No. 1475 & ' Mary Austin Survey, Are P w" Abstract No. 4 City, of Denton, 1489' ?19144"W Denton' County; Texas 1 0.20' —2013-- Muntal of `Utlrtty Adddtdo _.. rxlylnet G, Page 34F, anur Surveying Co., Inc. N89 °22'31 "W I --- --� .Prot�:ssiouat Laud Surveyors 10,38' --- -„.'-8040 12'3r'W P.O.Boz 64 — Uwingle, Texas 76067 145.83' Office; (972) 22L -9439 Faxi (072) 221 -4878 .— _.,a.. _ -.,.. .. NY Estatblished L086 EXHIBIT "C" TO EASEMENT PURCHASE AND ABANDONMENT 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 AND COMMUNICATION EASEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § THAT, Terrano Realty, Inc., a Texas corporation (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 that certain real property situated in the M.E.P. & P.R.R. Co. Survey, Abstract No. 1475 and the Mary Austin Survey, Abstract No. 4, Denton County, Texas, being approximately 7.061 acres and being more particularly described in Exhibit "A -1 ", Exhibit "A -2" and Exhibit "A -3 ", respectively and depicted in Exhibit "13-1 ", Exhibit "13-2" and Exhibit `13-3 ", respectively, each attached hereto and incorporated into and made a part of 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 itself, its 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 2 GRANTEE to allow such use or grant, and such use or grant shall be at the sole and absolute discretion of GRANTEE. 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. The EASEMENT, and all covenants and provisions hereof, shall constitute covenants running with the land and shall bind and inure to the benefit of GRANTOR and GRANTEE, and their respective 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 pant hereof, by, through, or under GRANTOR, and not otherwise. WITNESS THE EXECUTION HEREOF as the _ day of .__._._.. _.._.IT..,, _ , 2013. 3 GRANTOR: Terrano Realty, Inc., a Texas corporation By: m.. Name: Title: THE STATE OF § COUNTY OF § This instrument was acknowledged before me on , _ ,,,, _, 2013, by of Terrano Realty, Inc., a Texas corporation, on behalf of said corporation, 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 4 Notary Public, State of Texas My commission expires: _ EXHIBIT "A -1" Electric Utility & Communication Easement Arthur Surveying Co., Inc. .�'xo.�fess�foxe�.X ..7Gd Srxx•v�yr�xs P.O. Boat 54 — Lewisville, Texas 75067 Office: (972) 221 -9439 Fax: (972) 221 -4675 EXHIBIT "A" 75' ELECTRIC EASEMENT 4.499 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the M.B.P. & P.R.R. Survey, Abstract Number 1475 and the Mary Austin Survey, Abstract Number 4, City of Denton, Denton County, Texas, and being a part of a tract of land described by deed to Staff Realty recorded under County Cleric's File Number 94 -6845, Official Public Records, Denton County, Texas (O.P.R.D.C.T.) and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for a northeast corner of said Staff Realty tract and the southeast corner of a tract of land described by deed to Gary Dennis Dillard and wife, Jaymi Chris Dillard, recorded in Volume 1188, Page 730 of the Deed Records, Denton County, Texas (D.R.D.C. I'), same point being in the west line of a tract of land described by deed to Joan Cohagen, Trustee of the Joan Cohagen Living Trust, recorded under Instrument Number 2005. 69429, Official Public Records, Denton County, Texas (O,P.R.D.C.T.); THENCE South 01 degrees 16 minutes 53 seconds West, partially with the west line of said Cohagen tract, and with the west line of a tract of land described by deed to The Juanita M. Ellis Revocable Living Trust, recorded under Instrument Number 2006 - 57509, O.P.R.D,C.T, continuing over and across said Staff Realty tract for a total distance of 2,614.01 feat to a point for corner on a south line of said Staff Realty tract and the north line of the Municipal Utility Addition, an addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas; THENCE North 89 degrees 19 minutes 44 seconds West, with the north line of said Municipal Utility Addition and a south line of said Staff Realty tract for a distance of 75.00 feet to a point for corner; THENCE North 01 degrees 16 minutes 53 seconds East, over and across said Staff Realty tract for a distance of 2,612,42 feet to a point for corner on the south line of said Dillard tract and a north line of said Staff Realty tract; THENCE North 89 degrees 27 minutes 42 seconds East, with the south line of said Dillard tract and a north line of said Staff Realty tract for a distance of 75.04 feet to the POINT OF BEGINNING and containing 4.499 acres of land, more or less, Revised- 101101 -69KV Rebuild Staff Realty EXHIBIT "B-1" to Electric Utility & Communication Easement Gerard Roland Vela & Mot Ito"' roun Emma Lamar Vela (am. I? Joan Cohagen, Trustee of Volume 3225, Page 252 1 1 N0116"I53"t The Joan Cohogen Living Trust bf?,r, 1 676XV Instrument No. 2005-69429 O*B, 1. IrD" PII lard 8 Gary Dennis i tr Z9#27'42"E Wife Jarni C 31a Offlar �bl. 188, g 730 75.04' 30' Eloclrk Easement I I, no 4IAy paw 57a be d) V V Staff Roalty County Clerk's File No. 9 —6845 10 The Juanita M. Ellis Revocable Living Trust Instrument No. 206-57509 N 0 � 3490 150 300, . .......... 4100 (0 (0 I I N a Staff Roajty County CleI Fite No, 94-6845 ,ell 0 f-I 0 N89-19'44 Pow vx> 750, 00' N891 11W le 931 A - SO4'41 .3" 145.83 1 Municipal Utility Addition _8 Cabinet Q, Page 346 SCALE: I" — 3001 Bearings shown hereon are based on the City of Denton (318 network I.R.F. —1/2" Iron Rod Hound Survey Abstract Lines (approximate location) '. OU )(1. H I B IT B -''- 75' Electric Easement 4.499 Acres In the M.E.P. & P.R.R. Survey, Abstract No. 1476 & Mary Austin Survey, Abstract No. 4 City of Denton, Denton County, Texas -- 2011 -- ArthurS.Urveying Co., Inc. .Professional 2d Surveyors P.0 Box 54 — Lewisville. Texas 75067 Office. (072) 221 -0489 Fax: (972) 221-4676 Hatatblished 1986 ku Np -V P, 75'11lectric Eal ent 4499Arxe ,10' ElectrIc f"Osamont ✓ON." w 4 be a Staff Roajty County CleI Fite No, 94-6845 ,ell 0 f-I 0 N89-19'44 Pow vx> 750, 00' N891 11W le 931 A - SO4'41 .3" 145.83 1 Municipal Utility Addition _8 Cabinet Q, Page 346 SCALE: I" — 3001 Bearings shown hereon are based on the City of Denton (318 network I.R.F. —1/2" Iron Rod Hound Survey Abstract Lines (approximate location) '. OU )(1. H I B IT B -''- 75' Electric Easement 4.499 Acres In the M.E.P. & P.R.R. Survey, Abstract No. 1476 & Mary Austin Survey, Abstract No. 4 City of Denton, Denton County, Texas -- 2011 -- ArthurS.Urveying Co., Inc. .Professional 2d Surveyors P.0 Box 54 — Lewisville. Texas 75067 Office. (072) 221 -0489 Fax: (972) 221-4676 Hatatblished 1986 EXHIBIT "A -2" to Electric Utility & Communication Easement t rthur Surveying Co., Inc. professfoxaELI L44�n:d Sux-veyoxs P.O. Box 54 — Lewisville, Texas 75067 Office: (972) 221 - 9439 Fax: (972) 221 -4675 EXHIBIT "A" VARIABLE WIDTH ELECTRIC EASEMENT 0,223 Acre City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the Mary Austin Survey, Abstract Number 4, City of Denton, Denton County, Texas, and being part of Lot 1, Block 1 of Municipal Utility Addition, an addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas, and being part of that certain tact of land described by deed to Terrano Realty recorded under County Clerk's File No, 96- 10141, Official Public Records, Denton County, Texas (O.P,R,D,C,T,) and being more particularly described as follows; COMMENCING at a 60D nail found for the southwest corner of said Terrano tract, some point being the southeast corner of a tract of land described by deed to NW Realty recorded under County Clerk's File Number 93 -65091 O.P.R.D.C,T., same point being in the north line of Lot 2, Block 2 of Municipal Utility Addition, an addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded under Document Number 2009 -139, Plat Records, Denton County, Texas; THENCE North 03 degrees 03 minutes 59 seconds East, with the east line of said NW Realty tract and the west line of said Municipal Utility Addition (Cab, G, Pg. 346) for a distance of 1547.47 feet to the POINT OF BEGINNING, same point being in the north right of way line of Shady Oaks Boulevard; THENCE North 03 degrees 03 minutes 59 seconds East, with the east line of said NW Realty tract and the west line of said Municipal Utility Addition (Cab. G, Pg. 346) for a distance of 23,14 feet to 5/8 inch iron rod found for the northeast corner of said NW Realty tract, same point being the southeast corner of a tract of land described by deed to Staff Realty recorded under County Clerk's File Number 94 -6845 O,P,R,D.C,T.; THENCE North 04 degrees 41 minutes 23 seconds East, with the east line of said Staff Realty tract and the west line of said Municipal'Utility Addition (Cab, G, Pg. 346) for a distance of 35.56 feet to a point in the west line of said Lot 1, Block 1 of said Municipal Utility Addition (Cab. G, Pg, 346), saute point being the southwest corner of a Drainage and Utility Easement tract as shown on record plat of said Municipal Utility Addition (Cab. G, Pg. 346); THENCE South 89 degrees 19 minutes 44 seconds East, with the north line of said Lot 1, Block 1, and the south line of said Easement tract, for a distance of 149.37 foot to a point for corner; THENCE South 54 degrees 48 minutes 48 seconds East, with the north line of said Lot 1, Block 1 and the south line of said Easment tact, for a distance of 30.80 feet to a point for corner; THENCE South 01 degres 16 minutes 53 seconds West, over and across said Terrano tract for a distance of 42,23 feet to a point for corner in the north right of way ]hie of Shady Oaks Boulevard, same point being the beginning of a non4angent curve to the left, whose radius is 905.00 feet; THENCE with said curve to the left and with the north right of way line of Shady Oaks Boulevard, having a central angle of 11 degrees 16 minutes 20 seconds, whose chord bears North 88 degrees 58 minutes 42 seconds West for a distance of 177.76 feet, an arc length of 178.05 feet to the POINT OF BEGINNING and containing 0,223 acre of land, more or'less,A 101101 -69KV Rebuild Terrano-2 4D i "�d'o tip'�s.a EXHIBIT "B -2" to Electric Utility & Communication Easement ICity of Denton Drainage and Utility Staff Realty Easement per County Clerk's t Municipal Utility Addition File No. 94 -6845 I Cabinet G, Page 346 t S89'19'441 " 149.37' .�_�.. . "E N0404102� 35.56 Variable Width Electric Easement �c'M') 0,223Acre I S01 116'53"W NO3W 59' "E 42.23', 23.14 =90,0.00" •\\ AB, D-1 11 x,2+0" OIL: =N88'58'42 " "W NW Realty 177.76' County Clerks File No, 93 -65091 Terrano Realty SHADY OAKS County Clerk's Flle No. 96 -10141 SHADY OAKS p BOULEVARD Part of Lot 1, Block 1 BOULEVARD Municipal inet Utility Addition (190'1t011� Cabinet G, Page 346 (Variable Width POW) r Rw " 4 " 4" dqh, NW Real t� County Clerks File No. 93 -65091 l� -- - Terrano Realty M,.'' P. o. Ci. i County Clerk's`` 60D Noll File No. 96- 10141' Found Part of Lot 1, Block 1 Municipal Utility Addition Bearings shown hereon are based Cabinet G, Page 346 on the City of Denton GIS network. EXHIBIT "B" Variable Width Electric Easement 4.223 Acre in the Mary Austin Survey, Abstract No, 4 in the City of Denton, Denton County, Texas --2010-- 50 0 25 50 t00 SCALE: 111-501 rthur Surveying Co., Inc. Priofessionel %and Surveyors P,O,Box 54 — Lewisville, Texas 76007 Offioet (972) 221 -0439 Pax, (972) 221 -4075 6statblished 1086 EXHIBIT "A -3" to Electric Utility & Communication Easement � A 4 rthur Surveying Co., Inc. �xoFess�oxx>�.,� �,tcz Suxveyoxs P.O. Box 54 --- Lewisville, Texas 75067 Office: (97:�) 221 -9439 — Fax: (972) 221 -4675 EXHIBIT "A" W ELECTRIC EASEMENT 2.339 Acres City of Denton, Denton County, Texas BEING all that certain lot, tract or parcel of land situated in the Mary Austin Survey, Abstract Number 4, City of Denton, Denton Cow1ty, 'Texas, and being pant of Lot 1, Block 1 and part of Lot 1, Block 2 of Municipal Utility Addition, an addition to the City of Denton, Denton County, Texas, according to the Plat thereof recorded in Cabinet G, Page 346, Plat Records, Denton County, Texas, and being part of that certain tract of land described by deed to Terrano Realty recorded under County Clerk's Pile No, 96- 10141, Official Public Records, Denton County, Texas (O.P.R.D.C.T.) and being more particularly described as follows; BEGINNING at a 60D nail found for the southwest corner of said Terrano tract, same point being the southeast corner of a tract of land described by deed to NW Realty recorded under County Clerk's File Number 93 -65091 O.P.R.D.C,T., same point being in the north line of Lot 2, Block 2 of Municipal Utility Addition, an addition to the City of Denton, Denton.County, Texas, according to the Plat thereof recorded under Document Number 2009 -139, Plat Records, Denton County, Toxas; THE, NCE North 03 degrees 03 minutes 59 seconds East, with the east line of said NW Realty tract and the west line of said Municipal Utility Addition (Cab, G, Pg. 346) foi a distance of 1,355.28 feet to a point for corner in the south right of way line of Shady Oaks Boulevard, same point being the beginning of a curve to the right, whose radius is 715.00 feet; THENCE with said curve to the right and with south right of way line of Shady Oaks Boulevard, having a central angle of 06 degrees 03 minutes 16 seconds, whose chord bears North 86 degrees 21 minutes 15 seconds East for a distance of 75.52 feet, an arc length of 75.55 feet to a point for corner; TIM, NCR South 03 degrees 03 minutes 59. seconds West, for a distance of 1,360.72 feet to a point for ctnner in the south line of said Terrano tract and the north line of said Municipal Utility Addition (Doc. No. 2009 -139); THENCE North 89 degrees 31 minutes 00 seconds West, with the south line of said Terrano tract and the north line of said Municipal Utility Addition (Doc. No. 2009 -139) for a distance of 75.08 feet to the POINT OF BEGINNING and containing 2.339 acres of land, more or less, Revlsed- 101101 -69K.V Rebuild Terrano -1 EXHIBIT "B -P to Electric Utility & Communication Easement .......... Matt Really Car�rat Clerk File N''W Realty Cbunty Clerks File No. 93-66 � SHADY OAKS BOULEVARD ao 4P No �v S 1 a h Q P4 OR I (� 19 c z I Vie' N h .. a I I 589'31'00 "E��. 78919' �! Q) �.�. ov , to W .. �d C Exhibit "D" to Easement Purchase and Abandonment 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. ABANDONMENT AND RELEASE THE STATE OF TEXAS § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, Terrano Realty, Inc., a Texas corporation ( "Owner "), is the owner of certain lands located in the M.E.P. & P.R.R. Co. Survey, Abstract No. 1475 of the Mary Austin Survey, Abstract No. 4, Denton County, Texas (the "Property "); WHEREAS, the Property is encumbered by (i) an easement, dated on or about March 20, 1962 from Alex Dickie, Jr. and wife, Marilyn Dickie to the City of Denton, Texas, recorded in Volume 479, Page 579, Real Property Records, Denton County, Texas; and (ii) an easement, dated on or about March 17, 1962 from Alex Dickie, Sr., et al, to the City of Denton, Texas, recorded in Volume 479, Page 582, Real Property Records, Denton County, Texas (the "Prior Easements "); WHEREAS, pursuant to that certain Easement Purchase & Abandonment Agreement, dated on or about 2013, City of Denton Ordinance No. 2013 -_, the Denton City Council authorized the City Manager, or his designee, to enter into this Abandonment and 1 Release for the express purpose of partially releasing the Prior Easements, said partial release releasing the Prior Easements, INSOFAR AND ONLY INSOFAR as the Prior Easements cover and include those lands described on Exhibit "A ", and depicted on Exhibit "B ", respectively, each attached hereto and made a part hereof (the "Abandonment Tract "); WHEREAS, the Prior Easements, INSOFAR as said Prior Easements cover, encumber or include lands other than the Abandonment Tract, shall remain valid and subsisting, and in full force and effect in accordance with the terms thereto. NOW, THEREFORE, for and in consideration of the sum of Ten and no /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby stipulated, the City of Denton, Texas ( "City ") does by these presents, abandon and release unto Owner, its successors and assigns, all of its right, to the Prior Easements, INSOFAR AND ONLY INSOFAR as said Prior Easements cover or encumber the Abandonment Tract. Notwithstanding anything to the contrary contained herein, the City hereby expressly saves, excepts, retains and reserves (i) any and all easements, rights and interests granted to, or owned or claimed by, the City, by, through or under the Prior Easements, insofar as said Prior Easements cover and encumber any and all lands other than the Abandonment Tract; and (ii) any and all easements, rights of way and any other rights or interests, other than the Prior Easements, whether acquired, obtained, owned or claimed by the City or public, by through or under conveyance, dedication by plat or other express dedication, implied dedication, prescription, or by any other manner or means, in or to lands in which the Prior Easements may cover, encumber, include, cross or overlap. __..._.... Executed this day of 2013. 2 CITY OF DENTON, TEXAS By: GEORGE C. CAMPBELL, CITY MANAGER Date: , 2013 ATTEST: JENNIFER WALTERS, CITY SECRETARY Date: 2013 APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : Date: .2013 OWNER :. TERRANO REALTY, INC., a Texas corporation By: ....._ Name: Title: Date: 2013 3 ACKNOWLEDGMENT STATE OF TEXAS • COUNTY OF DENTON This instrument was acknowledged before me on the day of 2013 by George C. Campbell, City Manager, City of Denton, Texas, on behalf of said City. Notary Public, in and for the State of Texas My Commission expires: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 2013 by .1 of Terrano Realty, Inc., a Texas corporation, on behalf of said corporation. Notary Public, in and for the State of Texas My Commission expires:_ 4 EXHIBIT "A" to Abandonment & Release Arthur Surveying Co., Inc. �'x�aF�ss�nzta.Y �ax�d 3rxzz-vey-ax5 P.O. Box 54 — Lewisville, '1'sxcrs 75067 OtXoo: (972) 221 -9439 — Fnn;: (972) 221 -4675 EXHOIT uA» Electric Basements recorded in Volume 479, Pages 579 and 582 1.847 Acres City of Denton, Denton' County, Texas B)✓ING all that certain lot, tract or parcel of land situated in the M.B.P. & P.R.R. Survey, Abstract Number 1475 and the Mary Austin Survey, Abstract Number 4, City of Denton, Denton County, Texas, and being a part pf a tract of land described by deed to Staff Realty recorded under County Clerk's File Number 94 -6845, Official Public Records, Denton County, Texas (O.P.R.D.C.T.)and being all of an Electric Easement recorded in Volume 479, Page 579, Deed Records, Denton County, Texas (D.R.D.C.T.) and a portion of an Electric Basement recorded in Volune 479, Page 582, D.R,D.C.T,, and being more particularly described as follows: BEGINNING at a point for the southwest comer of a tract of land described by doed•to Gary Dennis Dillard and wifo, Jaymi Chris Dillard, recorded in Volume 1188, Page 730, D.R :b.C.T., same point being the southeast corner of a tract of land described by deed to Gerard Roland Vela and Emma Lamar Vela, recorded in Volume 3225, Page 252, D.R.D.C.T., same point being in a north line of said Staff Realty tract; THENCE South 01 degrees 28 minutes 09 seconds East, over and across said Staff Realty tract, a distance of 1091.59 feet to a point for the southeast corner of said Electrio'Easement'(Vol. 479, Pg. 579) and the northeast comer of said Blectrie Easement (Vol. 479, Pg. 582); THENCE South 00 degrees 59 minutes 10 seconds West, over and across sold Staff Realty tract, a distance of 1'519.44 feet to a point for comer In the north line of Municipal Utllity Addition, an addition to the City of Denton, Denton County, Texas, according to the plat thereof recorded in Cabinet G, Page 346,• Plat Records, Denton County, Texas; THE, NCR North 89 degrees 19 minutes 44 seconds West, with the north line of said Municipal Utility Addition, a distance of 10.20 feet to the northwest comer of said Municipal Utility Addition; THENCE South 04 degrees 41 minutes 23 seconds West, with the west line of said Municipal Utility Addition, a distance of 145.83 feet to a southeast corner of said Staff Realty tract and a northeast corner of a tract of land described by deed to NW Realty, recorded under County Clerk's File Number 93- 0065091, Real Property Records, Denton County, Texas; • 1 THENCE North 89 degrees 22 minutes 31 seconds West, with a north line of said NW Realty Tract, a distance of 10.3$ feet to a polat for corner; THENCE North 00 degrees 59 minutes 10 seconds East, over and across said Staff Realty tract, a distance of 1664.16 feet to the northwest corner of said Electric Easement (Vol. 479, Pg. 582) and the southwest corner of said Electric Basement (Vol. 479, Pg. 579); .. , .. . (continued) Rovlsed•101101 -69KV Rebuild Ste[f Realty-exlst. Esmt. EXHIBIT "A" to Abandonment & Release rthur Surveying Co,, Inc. k�xofesszozc�..F .�sarx� Svxv�yr�xs P.O. Box 54 Law[sville, Texas 75067 Office: (972) 2 ,41 -9439' Fax: (972) 221 -4675 TRENCH North 01 degrees 28 minutes 15 seconds West, over and across said Staff Realty tract, a distance of 1090.71 feet to the northwest corner of said Electric Basement (Vol. 479, Pg. 579), same point being in the south line of said Vela-tract and the north line of said Staff Realty tract; TRENCH North 89 degrees 27 minutes 42 seconds Bast, with the north line of said Staff Realty tract and the south line of said Vela tract, a distance of 30.00 feet to.the POINT Olt' IMMING and containing 1.847 acres of laud, more or less. 01 Revised- 101101 -69KV Rebulld Staff Realty- exist. Esmt 4) EXHIBIT "A" to Abandonment & Release Gerard Roland Vela & TxOot Man, Gary Oennls DOOM & Emma Lomor Veto F"oun W 0 Jo I Chrlo Oflord Volume 3225, Page 252 i't' ki,.al. 1 85, Pg.. 730 N89027'42rr13' ;01 N01'16'63 "E Joan Cohoggen Trustee of 676.81' The Joan Coha en Living Trust 30.00' N6 t 7,1921 .AF. Instrument No 2005 -89429 O. N Am Ietd tIS:Nl�terl Volu 7� 47 t 1" frorr 11pe roarl (O.M. a T The Juanita M. Ellis Revocable Living Trust Instrument No. 2006 -57509 ' 100 150 ;100 9 ( Ofol SCALE: 111-3001 u I I Beaings shown hereon ae based Staff Realty on the City of Benton t31S netwo& rn ek s 1U� -1/Z" lion Rod Found CotlNat9 r Survey Abstmet Lines (aplaroximalo looation) . I ............... " JOHN Ivy SS L C� Proposed-75' °Eldvirld, n(e � Y - Eosemen t N 4.499 Acres ""r7 lw . �R � Staff R461ty Conn ty Glory s f "ldo f f t t Na. 94- 8 34 i EXHIBIT Electric Easements Recorded in Volume 479, Pages 579 & 582 1.847 Acres in the: P.R.R. Survey, Abstract No. 1475 & Mary Austin Survey, A Portlan a Abstract No. 4 ' 00 a asman — City of Denton, Yalu � 479,4! "��^,g u t , ►r Denton -County,- Texas Aq T9 .(944 W 0,20' N8902291►►W I 10.381 .l lol� al Utility Addltfo nlafnot G, Page 34� t"4123 "W 145.83' — 201-3 -- rthur Surveying Co., Inc. llmfess#oaal Land Surveyozs P.O.Box 64 - Lewisville, Texas 75067 Office: (972) 221 -9439 Fax: (972) 27.1 -4675 Estatblished 1986